Supreme Court of India · 2007-01-17
NEW INDIA ASSURANCE CO. LTD. vs KALPANA .
- Citation / case number
- SC 2005/4775
- Court
- Supreme Court of India
- Petitioner
- NEW INDIA ASSURANCE CO. LTD.
- Respondent
- KALPANA .
- Author
- ARIJIT PASAYAT
- Bench
- S.H. KAPADIA DR. ARIJIT PASAYAT
Judgment text excerpt
The Supreme Court upheld the Uttaranchal High Court's order granting compensation of Rs.8,16,000/- under Section 173 of the Motor Vehicles Act, 1988, after finding that the deceased's accident was caused by the negligence of a truck parked without indicators. The Court clarified that the insurer is liable for compensation as the vehicle was not stationary and emphasized the need for proper indicators to prevent accidents. The Court also addressed the calculation of compensation, applying a multiplier of 17 based on the deceased's estimated income, despite the appellant's contention regarding the lack of evidence for actual earnings.