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april 2014

Supreme Court of India · 2014-04-07

Mallamma (D) By Lrs vs National Insurance Co. Ltd. & Ors

Citation / case number
AIRONLINE 2014 SC 296
Court
Supreme Court of India
Petitioner
Mallamma (D) By Lrs
Respondent
National Insurance Co. Ltd. & Ors
Author
N.V. Ramana
Bench
N.V. Ramana, S.A. Bobde, P. Sathasivam

Judgment text excerpt

The Supreme Court upheld the decision of the Commissioner for Workmen's Compensation, affirming that the National Insurance Company is liable to pay compensation under Section 157(1) of the Motor Vehicles Act, 1968, despite the insurance policy being in the name of a previous owner. The Court established that the transfer of vehicle ownership also transfers the benefits of the insurance policy, thereby creating an employee-employer relationship between the deceased and the current owner. The appeal was dismissed, and the liability of the insurance company to compensate the claimants was confirmed.

Mallamma (D) By Lrs vs National Insurance Co. Ltd. & Ors · Niyam