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Supreme Court of India 2017-12-22 allowed

Divisional Manager, National Insurance Company Limited vs New India Assurance Co. Ltd. and Others

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A deceased Assistant Manager working at NTPC was killed when his Maruti car collided with a tanker. Two insurance companies disputed liability: National Insurance (insurer of the tanker) and New India Assurance (insurer of the Maruti). The tribunal awarded Rs.32,45,367/- to the claimants (son and parents). The High Court held both insurers equally liable (50% each). The Supreme Court held that the tanker's insurer alone is liable, as the tanker caused the accident. The Court enhanced the award by Rs.10,00,000/- lump sum to Rs.42,45,367/-, to be paid within twelve weeks, plus prior awards for the deaths of the deceased's mother and sister, all payable before the tribunal.

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Motor Accident Claims Insurance Law Liability Damages Assessment Appellate Jurisdiction

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