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august 2008

Supreme Court of India · 2008-08-01

Samundra Devi & Ors vs Narendra Kaur & Ors

Citation / case number
AIR 2008 SUPREME COURT 3205
Court
Supreme Court of India
Petitioner
Samundra Devi & Ors
Respondent
Narendra Kaur & Ors
Author
S.B. Sinha
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed an appeal against the Madhya Pradesh High Court's judgment reducing compensation under Section 173 of the Motor Vehicles Act, 1988. The Court upheld the Tribunal's finding of negligence on the truck driver’s part but clarified that the insurer was not liable for compensation due to the driver lacking a valid license, thus establishing that breach of policy conditions absolves the insurer from liability. The Court affirmed the Tribunal's compensation amount of Rs.12,80,000 for loss of dependency, along with additional amounts for companionship and funeral expenses.

Samundra Devi & Ors vs Narendra Kaur & Ors · Niyam