Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Death Motor Vehicles Act Accident |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Motor Vehicles Act, 1988 ~ Motor accident - Death of driver of the vehicle - Compensation - Claim of - Tribunal c awarding Rs. 1, 50, 0001- in equal shares since there was contributory negligence of vehicle and bus driver - Upheld by High Court - On appeal, held: Liability of appellant assurance company would be half of the amount awarded in respect of death of driver of the vehicle - However, owner and insurer of vehicle not impleaded as party in the claim petition - As such their liability for any amount in respect of death of the driver does not arise. Thus, order of High Court set aside - Matter remitted back for consideration afresh. The question which arose for consideration in this appeal was that when the owner and the insurer of the ; vehicle were not impleaded as party in claim petition, whether they could be made liable for any 11 mount in respect of the accident. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 415 |
Petitioner | New India Assurance Co. Ltd. |
Respondent | Satbir And Ors. |
SCR | [2009] 6 S.C.R. 1 |
Judgement Date | 2009-03-27 |
Case Number | 1979 |
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