Supreme Court of India
New India Assurance Co. Ltd. & Anr v. Kusum & Ors.
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.
What the Court ordered
We are of the opinion that in a case of this nature, H we should, in exercise of our extraordinary jurisdiction c 352 SUPREME COURT REPORTS (2009] 12 S.C.R. under Article 142 of the Constitution of India, direct Respondent 1 to pay the amount of claim to the appellants herein and recover the same from the owner of the vehicle viz.
Judgment, page 9
From the headnote
MOTOR VEHICLES ACT, 1988: " s. 168 - Motor accident- Driver not holding valid driving c licence - Tribunal's direction to Insurance Company to pay compensation to dependants of victim and to recover the amounts from driver and owner of offending vehicle - Executing court directing Insurance Company to file suits for recovery - High Court declining to interfere - HELD: Tribunal ~ must be held to have issued the directions in exercise of its " inherent powers, keeping in view the social justice doctrine and in the interest of claimants - Impugned orders are set aside - Executing courts will
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