Supreme Court of India
Shivaji and Anr. v. Divisional Manager, United India Insurance Co. Ltd. and 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.
From the headnote
Motor Vehicles Act, 1988 – s.163A – Fatal accident – car dashed into a truck, resulting in the death of three person s including the driver of the vehicle and injuring two others, all of them were travelling in the car – Claim petition u/s.163A filed by a ppellants- parents of the deceased driver – Allowed by the Tribunal – However, High Court held that since the deceased driver was the tortfeasor and responsible for causing accident, therefore, compensation could not have been awarded and absolved the insurer of the liability – On appeal, held: Insurer cannot raise a defence of n egligence
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