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january 1996

Supreme Court of India · 1996-01-16

SMT. INDRANI RAJA DURAI & ORS. vs MADRAS MOTOR & GENERAL INSURANCECOMPANY & ORS.

Citation / case number
SC 1977/61791
Court
Supreme Court of India
Petitioner
SMT. INDRANI RAJA DURAI & ORS.
Respondent
MADRAS MOTOR & GENERAL INSURANCECOMPANY & ORS.
Author
K. RAMASWAMY
Bench
K. RAMASWAMY

Judgment text excerpt

The Supreme Court held that in a motor vehicle accident case, both the deceased and the bus driver contributed to the negligence, apportioning it as 60% to the driver and 40% to the deceased. The Court set aside the High Court's ruling that denied compensation, modifying the Tribunal's award to grant the appellants Rs. 60,000 with interest from the date of the Tribunal's judgment. The liability for payment was placed on the insurance company and the vehicle owner proportionately based on the insurance cover.

SMT. INDRANI RAJA DURAI & ORS. vs MADRAS MOTOR & GENERAL INSURANCECOMPANY & ORS. · Niyam