Supreme Court of India · 2020-01-30
Urmila Devi vs Branch Manager, National Insurance ...
- Citation / case number
- AIR 2020 SUPREME COURT 709
- Court
- Supreme Court of India
- Petitioner
- Urmila Devi
- Respondent
- Branch Manager, National Insurance ...
- Author
- Chief Justice
- Bench
- Surya Kant, B.R. Gavai, S.A. Bobde
Judgment text excerpt
The Supreme Court held that under Section 166 of the Motor Vehicles Act, 1988, claimants have the right to file a cross-objection in an appeal filed by the Insurance Company only if the appeal challenges the quantum of compensation. The Court clarified that if the Insurance Company's appeal is limited to denying liability based on breach of the insurance policy, the cross-objection is not maintainable. The Court upheld the High Court's ruling that claimants can appeal under Section 173 of the M.V. Act if the Insurance Company restricts its appeal to liability issues.