Supreme Court · 2005 INSC 611 · Decided 9 December 2005
National Insurance Company LTD. v. Mastan and ANR.
- Court
- Supreme Court of India
- Citation
- 2005 INSC 611 · [2005] SUPP. 5 S.C.R. 704
- Case number
- CIVIL APPEAL No. 7381/2005
- Decided
- 9 December 2005
- Bench
- S.B. SINHA, P.K. BALASUBRAMANYAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 143, 149, 167, 173; Workmen's Compensation Act Section 3, 4, 5, 15B, 30
Headnote
Labour Laws: Workmen's Compensation Act, 1923-Sections 3, 4, 5, 15B and 30- C Motor Vehicles Act, 1988-Sections 143, 149, 167 and 173-First Respondent was driving his employer's vehicle when it met with accident~He suffered 45% to 50% disability-Vehicle insured with Appellant-First Respondent by Appellant-Defences available to Appellant-insurer in appeal initiated by it under the 1923 Act-Whether restrictions on defences available D to an insurer in terms of S.149(2) of the 1988 Act applicable-Held, No-­ First Respondent having chosen the forum under the 1923 Act/or obtaining
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