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and india insurance.

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motor accident case – contributory negligence -while driving the motor vehicle on the fateful day, met with an accident not because of the fault of the owner of the vehicle or because of the fault of the other vehicle, but because of the oil spill on the road. Therefore, the negligence can be attributable only on the person who was driving the vehicle and hence, is not entitled to compensation under the Insurance Policy. Therefore, the High Court was justified in invoking the beneficial legislation and in directing the Insurance Company to pay limited amount by way of compensation to the injured person of an accident arising out of the use of a motor cycle on the basis of “no fault liability,” since the accident has arisen 3

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO..7823 OF 2011 (Arising out of SLP (C) No. 6617 of 2011) A. Sridhar ………….. Appellant versus United India Insurance Co. Ltd. & Anr. …………..Respondents J U D G M E N T H.L. DATTU, J. 1. Leave granted. 2. This appeal is … Continue reading

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