Supreme Court · 2013 INSC 396 · Decided 1 July 2013

S. Iyyapan v. M/S United India Insurance Company LTD. and Another

Court
Supreme Court of India
Citation
2013 INSC 396 · [2013] 7 S.C.R. 45
Case number
CIVIL APPEAL No. 4834/2013
Decided
1 July 2013
Bench
S.S. NIJJAR, M.Y. EQBAL (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Motor Vehicles Act Section 149

Headnote

MOTOR VEHICLES ACT, 1988: A B c ss.149 read with ss.146 and 147- Insurer to satisfy awards against third party risk - Fatal accident - Held: It is the statutory right of a third party to recover the amount of compensation from the insurer - Insurer cannot disown its liability on the ground was holding a licence to drive D a light motor vehicle,it contained no endorsement to drive commercial vehicle - It is for the insurer to proceed against the insured for recovery of the amount in the event there has been violation of any condition of insurance policy - In the instant case,

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