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Supreme Court of India 2020-01-30 allowed

Urmila Devi & Ors vs Branch Manager, National Insurance Company Ltd. & Anr

Bench: 3 — <UNKNOWN>

In Brief

A claimant for motor vehicle accident compensation filed a cross-objection to the insurance company's appeal in a claim petition. The insurance company had challenged the quantum of compensation awarded, and the claimant sought to protect her entitlement through the cross-objection. The High Court held it was not maintainable. The Supreme Court allowed the appeal, clarifying that under the Bihar Motor Vehicles Rules, 1992 and the Code of Civil Procedure, a claimant has the right to file a cross-objection even if the insurance company appeals. The Court held that this right derives from the substantive right of appeal itself, and must be decided on merits even if the main appeal is later withdrawn or dismissed.

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Motor Vehicles Insurance Civil Procedure Cross-Objection Appeal Compensation Claims Insurance Liability

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