Supreme Court · 2017 INSC 1143 · Decided 24 November 2017
United Lndia Insurance CO. LTD. v. Sunil Kumar & ANR.
- Court
- Supreme Court of India
- Citation
- 2017 INSC 1143 · [2017] 11 S.C.R. 130
- Case number
- CIVIL APPEAL No. 9694/2013
- Decided
- 24 November 2017
- Bench
- RANJAN GOGOI, ADARSH KUMAR GOEL, NAVIN SINHA (3-judge bench)
- Outcome
- Hearing Adjourned
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 163A
Headnote
Motor Vehicles Act, 1988 - s.163A - Compensation - Claim proceedings u/s. l 63A - Defence/plea by tile insurer of negligence on the part of the driver/owner of tile vehicle - Held: It is not open for the insurer to raise the defence/plea of negligence - Grant on the basis of the stmctured formula is in tile nature of a final award and the adjudication thereunder is required to be made without any requirement of any proof of negligence of the driver/owner of the vehicle(s) involved in the l1cciclent. Adjourning the matter, the Court HELD: It is
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