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.