Supreme Court of India · 2013-10-29
United India Ins.Co.Ltd vs Sunil Kumar & Anr
- Court
- Supreme Court of India
- Petitioner
- United India Ins.Co.Ltd
- Respondent
- Sunil Kumar & Anr
- Author
- K.S. Radhakrishnan
- Bench
- A.K. Sikri, K.S. Radhakrishnan
Judgment text excerpt
The Supreme Court referred the matter to a larger Bench due to conflicts between the judgments in United India Insurance Company Ltd. v. Shila Datta and National Insurance Co. Ltd. v. Nicolletta Rohtagi regarding the interpretation of Section 163-A of the Motor Vehicles Act, 1988. The Court noted that the High Court's dismissal of the Insurance Company's appeal was based on the principles from Nicolletta Rohtagi's case, which are now doubted. The Court emphasized that under Section 163-A, claimants are not required to prove wrongful act or neglect, aligning with the legislative intent as interpreted in previous cases.