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november 2003

Supreme Court of India · 2003-11-04

Maitri Koley And Anr. vs New India Insurance Co. And Ors.

Citation / case number
2004ACJ46
Court
Supreme Court of India
Petitioner
Maitri Koley And Anr.
Respondent
New India Insurance Co. And Ors.
Author
S.N. Variava
Bench
S.N. Variava, H.K. Sema

Judgment text excerpt

The Supreme Court clarified that the liability of the Insurance Company under Section 95(2) of the Motor Vehicles Act, 1939, was amended in 1982 to Rs. 1,50,000, thus overruling the lower courts' limitation of liability to Rs. 50,000. The Court upheld the Tribunal's application of a multiplier of 14 for compensation, stating that the law applicable at the time of the accident must be followed. The appeal was disposed of with the direction that the Insurance Company is liable to pay up to Rs. 1,50,000 with interest, without costs.

Maitri Koley And Anr. vs New India Insurance Co. And Ors. · Niyam