Supreme Court · 2008 INSC 511 · Decided 22 April 2008
Oriental Insurance CO. LTD. v. Rajni Devi & ORS.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 511 · [2008] 6 S.C.R. 822
- Case number
- CIVIL APPEAL No. 2892/2008
- Decided
- 22 April 2008
- Bench
- S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 163A
Headnote
822 A ORIENTAL INSURANCE CO. LTD. ')' v. RAJNI DEVI & ORS. (Civil Appeal No. 2892 of 2008) 8 APRIL 22, 2008 [S.8. SINHA AND V.S. SIRPURKAR, JJ] _, Motor Vehicles Act, 1988 - s. 163A - Motor accident - Death of owner of vehicle - Not clear as to deceased himself c was tort-feasor- being governed by contract qua contract, liability of insurance company would D depend upon the terms thereof - s. 163A is not applicable in regard to accident where owner of vehicle himself is involved - Liability u/s. 163A is on owner of vehicle as person cannot be both, claimant as also
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