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october 2007

Supreme Court of India · 2007-10-31

NEW INDIA ASSURANCE CO. LTD. vs KENDRA DEVI .

Citation / case number
SC 2006/3244
Court
Supreme Court of India
Petitioner
NEW INDIA ASSURANCE CO. LTD.
Respondent
KENDRA DEVI .
Bench
TARUN CHATTERJEE & P. SATHASIVAM

Judgment text excerpt

The Supreme Court upheld the concurrent findings of the Motor Accident Claims Tribunal and the High Court regarding compensation for the death of Prakash Singh Parmar in a motor vehicle accident. The Insurance Company argued that it was not liable as the vehicle was carrying more passengers than permitted under the policy, and the deceased was the owner-cum-driver without additional coverage. The Court, referencing Section 147 of the Motor Vehicles Act, 1988 and the precedent in New India Assurance Co. Ltd. Vs. Meera Bai, found no grounds to interfere with the awarded compensation of Rs.1,25,000, emphasizing the loss of the claimants' sole breadwinner.

NEW INDIA ASSURANCE CO. LTD. vs KENDRA DEVI . · Niyam