Supreme Court · 2004 INSC 44 · Decided 20 January 2004
National Insurance CO. LTD. v. Keshav Bahadur and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 44 · [2004] 1 S.C.R. 861
- Case number
- CIVIL APPEAL No. 399/2004
- Decided
- 20 January 2004
- Bench
- DORAISWAMY RAJU, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 95
Headnote
B Motor Vehicles Act, 1939: Section 95-Third party risk-liability of insurer to pay compensation­ Extent of-Held: liability of insurer is limited-However, in view of specific C clause in the insurance policy making insurer's liability higher than the statutory liability and proof of payment of liability-On facts, insurance policy indicating limit of liability in respect of one claim or series of claims as Rs.50,000-lnsured not paying any additional premium for any enhanced D liability-Hence, liability limited to Rs. 50,000. Section llOCC (corresponding to Section 171 of the 1988
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)