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april 2008

Supreme Court of India · 2008-04-03

Kamla Sharma & Anr vs M/S Oriental Insurance Co. Ltd

Court
Supreme Court of India
Petitioner
Kamla Sharma & Anr
Respondent
M/S Oriental Insurance Co. Ltd
Bench
Altamas Kabir, Markandey Katju

Judgment text excerpt

The Supreme Court addressed the appeal regarding compensation awarded under the Motor Vehicles Act, 1988, following the death of Raj Kamal Sharma in a road accident. The Court held that both the Tribunal and the High Court erred in applying principles from Sections 163A and 166 without adhering to the structured formula in the Second Schedule of the Act. The Court enhanced the compensation amount, emphasizing the need to consider future prospects and appropriate multipliers, ultimately determining the total compensation to be Rs.2,33,500/- with interest at 8% per annum.

Kamla Sharma & Anr vs M/S Oriental Insurance Co. Ltd · Niyam