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may 2007

Supreme Court of India · 2007-05-15

ORIENTAL INSURANCE CO. LTD. vs PREMLATA SHUKLA .

Citation / case number
SC 2005/28159
Court
Supreme Court of India
Petitioner
ORIENTAL INSURANCE CO. LTD.
Respondent
PREMLATA SHUKLA .
Author
MARKANDEY KATJU S.B. SINHA
Bench
MARKANDEY KATJU S.B. SINHA

Judgment text excerpt

The Supreme Court held that the Motor Vehicles Accident Claims Tribunal erred in dismissing the claim petition on the grounds that the driver of the Tempo Trax was not driving rashly or negligently, as established under Section 140 of the Motor Vehicles Act. The Court emphasized that compensation for motor vehicle accidents can be claimed under common law principles, independent of statutory provisions, unless exceptions apply. The Court overturned the Tribunal's decision, asserting that the claimants are entitled to compensation despite the lack of proof regarding the First Information Report.

ORIENTAL INSURANCE CO. LTD. vs PREMLATA SHUKLA . · Niyam