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1 - 2 of 2 (0.56 seconds)National Insurance Co.Ltd vs Sinitha & Ors on 23 November, 2011
The Apex Court in the case of National Insurance Company Ltd. vs. Sinitha and others (supra) has held that the object for incorporating sub-section (2) of Section 163-A of the Act is that the burden of pleading and establishing proof of 'wrongful act', 'neglect' or 'default' would not rest on the shoulders of the claimant. The burden shifts on the owner or the insurance company to prove 'wrongful act', 'neglect' or 'default'. The claim which can be defeated on the basis of any of the aforesaid considerations, regulated under the 'fault' liability principle. It has been further held that Section 163-A of the Act is founded on the "fault" liability principle. The observations made by the Apex Court in the said judgment runs as follows:
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