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january 2001

Supreme Court of India · 2001-01-03

KHUSHNUMA BEGUM vs NEW INDIA ASSURANCE CO. LTD. .

Citation / case number
SC 1999/19876
Court
Supreme Court of India
Petitioner
KHUSHNUMA BEGUM
Respondent
NEW INDIA ASSURANCE CO. LTD. .
Author
THOMAS
Bench
R.P.SETHI K.T.THOMAS

Judgment text excerpt

The Supreme Court held that a claim for compensation under the Motor Vehicles Act, 1988 can be maintained even in the absence of negligence or rashness on the part of the driver, as established in Section 140 which provides for no-fault liability. The Court found that the accident was caused by the bursting of the jeep's front tyre, leading to the death of Haji Mohammad Hanif, and upheld the Tribunal's direction for the insurance company to pay Rs.50,000/- as compensation under no-fault liability. The appeal was allowed in part, affirming the compensation awarded by the Tribunal.

KHUSHNUMA BEGUM vs NEW INDIA ASSURANCE CO. LTD. . · Niyam