Supreme Court · 2009 INSC 1005 · Decided 4 August 2009

New India Assurance CO. LTD. & Anr v. Kusum & ORS.

Court
Supreme Court of India
Citation
2009 INSC 1005 · [2009] 12 S.C.R. 343
Case number
CIVIL APPEAL No. 5082/2009
Decided
4 August 2009
Bench
S.B. SINHA, DEEPAK VERMA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Constitution Article 227; Motor Vehicles Act

Headnote

~ MOTOR VEHICLES ACT, 1988: " s. 168 - Motor accident- Driver not holding valid driving c licence - Tribunal's direction to Insurance Company to pay compensation to dependants of victim and to recover the amounts from driver and owner of offending vehicle - Executing court directing Insurance - High Court declining to interfere - HELD: Tribunal D ~ must be held to have issued the directions in exercise of its " inherent powers, keeping in view the social justice doctrine and in the interest of claimants - Impugned orders are set aside - Executing courts will proceed with the

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