Supreme Court · 2013 INSC 729 · Decided 29 October 2013

United India Insurance Company LTD. v. Sunil Kumar & ANR.

Court
Supreme Court of India
Citation
2013 INSC 729 · [2013] 12 S.C.R. 223
Case number
CIVIL APPEAL No. 9694/2013
Decided
29 October 2013
Bench
K.S. RADHAKRISHNAN, A.K. SIKRI (2-judge bench)
Outcome
Matter referred to larger bench
Case type
Civil
Acts & sections cited
Motor Vehicles Act

Headnote

MOTOR VEHICLES ACT, 1988: A B s. 163-A rlw s. 170 and 173 - Special provisions as to c payment of compensation on structured formula basis - Appeal by insurer - Held: In view of points (iii) to (v) in Shila Datta's case having been referred to larger Bench as also the view in Sinitha's case that or insurance company, as the case may be, 'to defeat a claim u/s 163-A of 0 the Act by pleading and establishing a fault ground (wrongful act or neglect or default), matrek referred to larger Bench. s. 163-A - Petition for compensation - Held: Liability to make compensation u/s 163-A is on the

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