Supreme Court · 2009 INSC 517 · Decided 15 April 2009

Balbir Kaur & ORS. v. New India Assurance Company LTD. & ORS.

Court
Supreme Court of India
Citation
2009 INSC 517 · [2009] 6 S.C.R. 327
Case number
CIVIL APPEAL No. 1838/2009
Decided
15 April 2009
Bench
S.B. SINHA, P. SATHASIVAM (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
IPC Section 279, 304A; Constitution Article 142; Motor Vehicles Act Section 166

Headnote

-· Constitution of India, 1950 - Article 142 - Fatal accident - Tribunal awarded compensation holding insurer liable - High Court set aside the award opining that accident took c place a day before when policy to take effect, hence insurer was not liable - Meanwhile claimants withdrew the - Held: In view of peculiar facts and circumstances of the case, interest of justice would be subserved if in exercise of discretionary jurisdiction under Article 142 of Constitution, insurer is directed not to recover D .., . . the amount from claimants - Motor Vehicles Act, 1988 - s.166 -

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