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Supreme Court of India 2018-08-31 allowed

National Insurance Co. Ltd vs Ashalata Bhowmik and Ors

Bench: 2 — S. Abdul Nazeer

In Brief

In this motor accident insurance case, the Supreme Court considered whether an insurer must compensate the legal representatives of a deceased vehicle owner who caused his own fatal accident through rash and negligent driving. The Court held that the deceased, as the owner-cum-driver, was not a 'third party' under the Motor Vehicles Act and thus the claim petition was not maintainable. However, the Court upheld the deceased's entitlement to limited personal accident coverage under the insurance policy (Rs. 2,00,000) as distinct from third-party liability. The appeal was allowed, directing the insurer to deposit only the policy-limit amount with interest rather than the full compensation awarded by the tribunal.

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Motor Vehicles Act Insurance Law Third Party Liability Negligence Indemnification Personal Accident Insurance Compensation Motor Accidents Claims Tribunal

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