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Supreme Court of India 2022-05-12 allowed

New India Assurance Co. Ltd vs Krishna Sakharam Baing & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

In this special leave petition under the Motor Vehicles Act, 1988, the Supreme Court addressed the procedural status of an insurer impleaded as a party respondent to a claim petition. The Court held that an insurer in such a position can raise defences beyond those available under Section 149(2), including grounds available to a defendant against whom a claim is made. The petition was partly allowed: applications for exemption from filing the certified copy of the impugned judgment and original documents were granted; and as interim relief, 75% of the deposited compensation was released to the claimant with 25% retained in an interest-bearing account pending final determination."]

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Insurance Law Motor Vehicles Interim Relief Civil Procedure

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