Monday, July 14, 2025

Can Insurance Co. be Exonerated by Arguing that Victim was not a 3rd Party and Victim was The Driver

Can Insurance Co. be Exonerated by Arguing that Victim was not a 3rd Party and Victim was The Driver

In a recent case [New India Assurance Co. Ltd v. Niru @ Niharika [2025] GCtR 1329 (SC)], where insurance company argued that victim was not a third party, and victim was the driver himself, the argument regarding exoneration of insurance company was rejected and insurance company was held liable to pay compensation amount with interest. Insurance company held not entitled to exoneration or recovery rights nor any exemption from interest liability.

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