Supreme Court · 2004 INSC 4 · Decided 5 January 2004
National Insurance CO. LTD. v. Swaran Singh and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 4 · [2004] 1 S.C.R. 180
- Case number
- SPECIAL LEAVE PETITION (CIVIL) No. 9027/2003
- Decided
- 5 January 2004
- Bench
- V.N. KHARE, D.M. DHARMADHIKARI, S.B. SINHA (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 3, 149, 149(2)
Headnote
Motor Vehicles Act, 1988: Ss. 3, 149(2(a)(ii), (4), (5) & (7), 165 and / 168/The Third Parties (Rights against Insurers) Act, 1930: C Claim Petition-Awards by the Motor Vehicles Claims Tribunal-Liability of insurer to third party-Defence available to insurer-Interpretation a/­ Held: Motor party by awarding compensation-Breach of policy condi1ions by the insured could be raised as defence but such breaches have to be established by the insurer-The Insurer must also establish that the breaches D had contributed to the cause of the accident to absolve himself from
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)