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august 2018

Supreme Court of India · 2018-08-31

National Insurance Co. Ltd. vs Ashalata Bhowmik

Citation / case number
AIR 2018 SUPREME COURT 4133
Court
Supreme Court of India
Petitioner
National Insurance Co. Ltd.
Respondent
Ashalata Bhowmik
Author
S.Abdul Nazeer
Bench
S. Abdul Nazeer, N.V. Ramana

Judgment text excerpt

The Supreme Court upheld the High Court's decision directing National Insurance Co. Ltd. to pay compensation of Rs.10,57,800/- under the Motor Vehicles Act, 1988, despite the deceased being the owner-cum-driver of the vehicle involved in the accident. The Court clarified that while the deceased was not a third party, the insurance policy provided for personal accident coverage limited to Rs.2,00,000/-. The Court emphasized that the deceased's negligence did not absolve the insurer from liability under the terms of the policy.

National Insurance Co. Ltd. vs Ashalata Bhowmik · Niyam