Supreme Court · 2020 INSC 419 · Decided 8 June 2020

Chandrakanta Tiwari v. New India Assurance Company LTD. & ANR.

Court
Supreme Court of India
Citation
2020 INSC 419 · [2020] 5 S.C.R. 868
Case number
CIVIL APPEAL No. 2527/2020
Decided
8 June 2020
Bench
R.F. NARIMAN, NAVIN SINHA, BHUSHAN RAMKRISHNA GAVAI (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Motor Vehicles Act Section 163A

Headnote

Motor Vehicles Act, 1988 - s.163A - Son of the claimant, allegedly a pillion rider, was killed in a road accident - MACT held the insurance company liable to pay Rs.1.99 lakhs with 6% interest thereon - Judgment set aside by High Court - Held: establish that the death in respect of which the claim was made, was due to any negligence or default of the owner of the vehicle or of any other person - Thus, it is not relevant that the person insured must be the driver of the vehicle but may well have been riding with somebody else

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