VidhiSangh

Supreme Court of India · 09/08/2018

SHIVAJI AND ANR. versus DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. AND ORS.

[2018] 9 S.C.R. 496 · 2018 INSC 682

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Summary

The High Court denied a deceased driver’s parents compensation under Section 163-A on the ground that he had caused the accident. Applying Sunil Kumar, the Supreme Court held that the insurer could not use the victim’s negligence as a defence to this structured-formula claim and restored the Tribunal’s award.

Issues

  1. Whether the insurer could defeat a Section 163-A claim by alleging that the deceased driver was negligent.

Provisions considered

Held

Result

Appeal allowed; the Tribunal’s award of Rs.4,60,800 with nine per cent annual interest restored. No costs.

Judgment PDF: Supreme Court of India, [2018] 9 S.C.R. 496.