Supreme Court of India
United Lndia Insurance Co. Ltd. v. Sunil Kumar & Anr.
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What the Court ordered
For the aforesaid reasons, we answer the question arising_by. holding that in a proceeding under Section 163A of the Act it is not open for the Insurer to raise any defence of negligence on the part of the vi(,'lim.
Judgment, page 6
From the headnote
Motor Vehicles Act, 1988 - s.163A - Compensation - Claim proceedings u/s. l 63A - Defence/plea by tile insurer of negligence on the part of the driver/owner of tile vehicle - Held: It is not open for the insurer to raise the defence/plea of negligence - Grant of compensation u/s. 163- on the basis of the stmctured formula is in tile nature of a final award and the adjudication thereunder is required to be made without any requirement of any proof of negligence of the driver/owner of the vehicle(s) involved in the l1cciclent. Adjourning the matter, the Court HELD: It is clear that grant of
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