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september 2007

Supreme Court of India · 2007-09-17

Oriental Insurance Co. Ltd vs Syed Ibrahim & Ors

Citation / case number
AIR 2008 SUPREME COURT 103
Court
Supreme Court of India
Petitioner
Oriental Insurance Co. Ltd
Respondent
Syed Ibrahim & Ors
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court upheld the Karnataka High Court's decision to enhance the compensation awarded by the Motor Accidents Claims Tribunal from Rs. 51,500 to Rs. 1,52,000 for the death of a seven-year-old child in a vehicular accident. The Court ruled that the insurer failed to prove a wilful breach of policy terms regarding the driver's license, as the owner could not be expected to know the specifics of the driver's licensing status at the time of the accident. The Court emphasized that compensation must be just and reasonable, aligning with the principles established in Section 168 of the Motor Vehicles Act, 1988.

Oriental Insurance Co. Ltd vs Syed Ibrahim & Ors · Niyam