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january 2020

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.

Urmila Devi vs Branch Manager, National Insurance ... · Niyam