Supreme Court · 2009 INSC 723 · Decided 6 May 2009

National Insurance Company LTD. v. Hamida Khatoon and ORS.

Court
Supreme Court of India
Citation
2009 INSC 723 · [2009] 8 S.C.R. 248
Case number
CIVIL APPEAL No. 3324/2009
Decided
6 May 2009
Bench
ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Motor Vehicles Act Section 173; Workmen's Compensation Act

Headnote

Motor Vehicles Act, 1988 - s. 173 - Motor accident - C Resulting in death - Claim for compensation - Award by Motor Accident Claims Tribunal - Appeal by insurer contending that application for claim being u/s 173, not maintainable in view of s.53 of Employees States Insurance Act, 1948 - Court - On appeal, D Held: Entitlement to the claim to be worked out by the Tribunal by taking note of s. 53 - Employees States Insurance Act, 1948 - s. 53. Regional Director, ES/ Corporation and Anr. v. Francis , De Costa and Anr. 1993 Suppl.(4) SCC 100; A. Trehan v. E Associated Electrical

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