Niyam v2 is live — start for just ₹100 — 200 credits to try

january 2007

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.

NEW INDIA ASSURANCE CO. LTD. vs KALPANA . · Niyam