Supreme Court of India

National Insurance Co. Ltd. v. Swaran Singh and Ors.

Neutral citation

Reported as [2004] 1 S.C.R. 180

Bench V. N. Khare, D.M. Dharmadhikari and S.B. Sinha JJ.

Decided 5 January 2004

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.

19 Supreme Court benches have cited this judgment.

What the Court ordered

In view of the aforesaid two sets of decisions of this Court, whicli deal with different fact D situations, it cannot be said that the decisions rendered by this Court in Skandia Insurance Co. ltd. v.

Judgment, page 35

From the headnote

Motor Vehicles Act, 1988: Ss. 3, 149(2(a)(ii), (4), (5) & (7), 165 and / 168/The Third Parties (Rights against Insurers) Act, 1930: Claim Petition-Awards by the Motor Vehicles Claims Tribunal-Liability of insurer to third party-Defence available to insurer-Interpretation a/ Held: Motor Vehicles Act is a social welfare legislatio,'1 extending relief to victims/third party by awarding compensation-Breach of policy condi1ions by the insured could be raised as defence but such breaches have to be established by the insurer-The Insurer must also establish that the breaches had contributed to the

Authorities it was built on

1987 Skandia Insurance Co. Ltd. v. Kokilaben Chandravadan & Ors. cited by 17
1983 Amrit Bhikaji Kale & Ors. v. Kashinath Janardhan Trade & Anr. cited by 9
1985 Narcinva V. Kamat and Anr. Etc. v. Alfredo Antonio Doe Martins and Ors. cited by 3
1995 New India Assurance Co. Ltd. v. Mandar Madhav Tambe and Ors. cited by 3

Where later benches applied it

2025 Hind Samachar Ltd. (delhi Unit v. National Insurance Company Ltd. & Ors. relied on
2023 Iffco Tokio General Insurance Co. Ltd. v. Geeta Devi and Others relied on
2023 Ashok Kumar v. New India Assurance Co. Ltd. relied on
2020 Beli Ram v. Rajinder Kumar & Anr. relied on
2020 Nirmala Kothari v. United India Insurance Co. Ltd. relied on
2018 Shamanna and Another v. The Divisional Manager the Oriental Insurance Co. Ltd. and Ors. relied on
2018 Amrit Paul Singh & Anr. v. Tata Aig General Insurance Co. Ltd. & Ors. relied on
2018 Mangla Ram v. The Oriental Insurance Co. Ltd. & Ors. relied on
2018 Singh Ram v. Nirmala and Ors. relied on
2018 Pappu and Ors. v. Vinod Kumar Lamba and Anr. relied on
2013 S. Iyyapan v. M/s United India Insurance Company Ltd. and Another relied on
2011 Kusum Lata & Ors. v. Satbir & Ors. relied on
2025 Rama Bai v. M/s Amit Minerals through Incharge Officer/competent Officer & Anrs. referred to
2025 M/s Chatha Service Station v. Lalmati Devi & Ors. referred to
2024 M/s Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi & Ors. referred to
2018 Shivraj v. Rajendra & Anr. referred to
2018 Ram Chandra Singh v. Rajaram and Ors. referred to
2016 Mukund Dewangan v. Oriental Insurance Co. Ltd. Etc. referred to
2012 National Insurance Company Ltd. v. Balakrishnan & Another referred to

Of those, 12 relied on · 7 referred to

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