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april 2008

Supreme Court of India · 2008-04-03

KAMLA SHARMA vs M/S ORIENTAL INSURANCE CO. LTD.

Citation / case number
SC 2006/13606
Court
Supreme Court of India
Petitioner
KAMLA SHARMA
Respondent
M/S ORIENTAL INSURANCE CO. LTD.

Judgment text excerpt

The Supreme Court addressed the appeal regarding compensation under the Motor Vehicles Act, 1988, specifically Sections 163A and 166. The Court held that the High Court erred in not applying the structured formula from the Second Schedule for compensation calculation, as the deceased's income was underestimated and the multiplier incorrectly applied. The Court enhanced the compensation amount and clarified that the structured formula should be adhered to in such cases, emphasizing the need for a reasoned approach to determine just compensation.

KAMLA SHARMA vs M/S ORIENTAL INSURANCE CO. LTD. · Niyam