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

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