Supreme Court of India
United India Insurance Company Ltd. v. Sunil Kumar & Anr.
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 view that if such an G interpretation is given, the very purpose and object of Section 163-A would be defeated and render the provision otiose and a claimant would prefer to make a claim under Section 140, rather than under Section 163-A of the Act by exercising option under Section 163-B of the Act.
Judgment, page 8
From the headnote
MOTOR VEHICLES ACT, 1988: s. 163- rlw s. 170 and 173 - Special provisions as to c payment of compensation on structured formula basis - Appeal by insurer - Held: In view of points (iii) to (v) in Shila Datta's case having been referred to larger Bench as also the view in Sinitha's case that it is.-open to the owner or insurance company, as the case may be, 'to defeat a claim u/s 163- of 0 the Act by pleading and establishing a fault ground (wrongful act or neglect or default), matrek referred to larger Bench. s. 163- - Petition for compensation - Held: Liability to make compensation u/s 163-
Sign in free to read it
- The full judgment, page by page, as published in the Supreme Court Reports
- The ratio: what the Court held, verbatim, with the page it sits on
- Every bench that relied on it, and every bench that argued against it
- Search every reported judgment, by party, citation or question
- Download the PDF, copy pinpoint citations ready for a filing
An email address, no password.