UNITED LNDIA INSURANCE CO. LTD. versus SUNIL KUMAR & ANR.

In proceedings under Section 163A of the Motor Vehicles Act, 1988, it is not open for the insurer to raise any defence of negligence on the part of the victim; compensation must be adjudicated without requirement of proof of negligence.

Parties: Appellant: United India Insurance Co. Ltd.; Respondent: Sunil Kumar & Anr.
Jurisdiction: India
Judgment Date: 24 November 2017
Procedural Posture: Civil Appeal / Reference to Larger Bench and Interim Order
Outcome: Matter adjourned; interim order for partial release of compensation
Legal Topics: Compensation Under Section 163 a, No Fault Liability, Defence of Negligence, Procedural Law of Motor Vehicles Act

Motor Vehicles Insurance Law Compensation Under Section 163 a No Fault Liability Defence of Negligence Procedural Law of Motor Vehicles Act

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Full judgment text Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2

Parties

United India Insurance Co. Ltd.

Appellant

Sunil Kumar & Anr.

Respondent

Procedural Posture

Civil Appeal / Reference to Larger Bench and Interim Order

Legal Issues

1 Whether in a claim proceeding under Section 163A of the Motor Vehicles Act, 1988, it is open for the insurer to raise the defence/plea of negligence

Ratio Decidendi

Court Disposition

Matter adjourned; interim order for partial release of compensation

Orders

50% of the compensation presently lying in deposit in the Registry as per Order dated 24-02-2012 to be released to the claimant on due identification
Matter to be listed before the regular Bench for disposal on merits after opinion of the larger Bench on Section 170 is rendered