Supreme Court of India
Oriental Insurance Co. Ltd. v. Cheruvakkara Nafeessu and Ors.
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1 Supreme Court bench has cited this judgment.
What the Court ordered
We are of the opinion that once the company had undertaken liability to third parties incurred by the persons specified in the policy, the third parties' right to recover any amount under or by virtue of the provisions of the Act is not affected by any condition in the policy.
Judgment, page 5
From the headnote
Motor Vehicles Act, 1939--Section 95(1)(b) and 96--Accident causing death of a person by a vehicle-Legal heirs of the deceased filed claim petition before the Claims Tribunal for Rs. 2, 00, 000--Policy limited liability of the appellate/insurer to Rs. 50,000--Claims Tribunal passed an award for Rs. 1,94,150 making the appellant solely liable-First appeal dismissed by the High Court-On appeal-Held, as per the terms of policy, total extent of liability was Rs. 50, 000 only-The appellant was liable to indemnifY the insured against all sums including claimants s costs and expenses which insured
Authorities it was built on
Where later benches applied it
Of those, 1 mentioned
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