Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1939 Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1939: Section 95-Third party risk-liability of insurer to pay compensation-Extent of-Held: liability of insurer is limited-However, in view of specific clause in the insurance policy making insurer's liability higher than the statutory liability and proof of payment of additional higher premium, liability of the insurer can be higher than the statutory liability-On facts, insurance policy indicating limit of liability in respect of one claim or series of claims as Rs.50,000-Insured not paying any additional premium for any enhanced D liability-Hence, liability limited to Rs. 50,000.Section 110CC (corresponding to Section 171 of the 1988 Act)- Stipulation of higher rate of interest in case of default-Justification of-Held: Once the discretion conferred by Section 110CC on Tribunal to award interest on the compensation amount at a particular rate is exercised there is no scope for retrospective enhancement of interest for default in payment.Administrative Law-Action-Discretion-Manner of exercise of-- Discussed. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2004 INSC 44 |
Petitioner | National Insurance Co. Ltd. |
Respondent | Keshav Bahadur And Ors. |
SCR | [2004] 1 S.C.R. 861 |
Judgement Date | 2004-01-20 |
Case Number | 399 |
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