Supreme Court · 2002 INSC 30 · Decided 17 January 2002
New India Assurance CO. LTD. v. C.M. Jaya and ORS.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 30 · [2002] 1 S.C.R. 298
- Case number
- CIVIL APPEAL No. 4566/1996
- Decided
- 17 January 2002
- Bench
- S.P. BHARUCHA, S.S.M. QUADRI, U.C. BANERJEE, S.N. VARIAVA, SHIVARAJ V. PATIL (5-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 95(2), 95
Headnote
Motor Vehicles Act, .1939: Section 95(2)-Comprehensive Insurance Policy-Compensation to third party-Liability of Insurance Company-When Insurance Company not taking any higher liability by accepting a higher premium it would be liable to the extent limited under Section 95(2), amount. The question involved in these appeals is whether an Insurance Company not taking any higher liability by accepting a higher premium, would be liable to the extent limited under Section 95(2) of the Motor Vehicles Act, 1939 or the entire amount in case of payment to a third party.
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