Supreme Court of India

New India Assurance Co. Ltd. v. C.M. Jaya and Ors.

Neutral citation
Reported as [2002] 1 S.C.R. 298
Bench S.P. Bharucha, Syed Shah Mohammed Quadri, Umesh C. Banerjee, S.N. Variava and Shivaraj V. Patil JJ.
Decided 17 January 2002

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the liability of the appellant insurance-company is limited to Rs. 50,000, as held by the Tribunal.

Judgment, page 11

From the headnote

Motor Vehicles Act, .1939: Section 95(2)-Comprehensive Insurance Policy-Compensation to third party-Liability of Insurance Company-When Insurance Company not taking any higher liability by accepting a higher premium it would be liable to the extent limited under Section 95(2), and not the entire amount. The question involved in these appeals is whether an Insurance Company not taking any higher liability by accepting a higher premium, would be liable to the extent limited under Section 95(2) of the Motor Vehicles Act, 1939 or the entire amount in case of payment to a third party. Allowing the

Where later benches applied it

Of those, 1 relied on · 1 referred to

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