VidhiSangh

Supreme Court of India · 24/11/2017

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

[2017] 11 S.C.R. 130 · 2017 INSC 1143

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A reference questioned whether an insurer could resist a structured-formula motor accident claim under Section 163A by alleging the victim’s negligence. The Court answered that such a defence is unavailable, leaving the appeal for later disposal after resolution of the separately pending Section 170 reference.

Issues

  1. Whether an insurer can raise negligence of the victim as a defence to a claim under Section 163A.
  2. Whether the separate Section 170 issue should be decided in this reference.

Held

Result

Reference answered: the insurer cannot defend a Section 163A claim by alleging the victim’s negligence. Appeal to be listed for disposal after the larger-Bench opinion on Section 170; 50% of the deposited compensation ordered released on due identification.

Judgment PDF: Supreme Court of India, [2017] 11 S.C.R. 130.