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september 2008

Supreme Court of India · 2008-09-16

UNITED INDIA ASSURANCE CO.LTD vs A.N.SUBBULAKSHMI

Citation / case number
SC 2004/13486
Court
Supreme Court of India
Petitioner
UNITED INDIA ASSURANCE CO.LTD
Respondent
A.N.SUBBULAKSHMI
Author
AFTAB ALAM
Bench
TARUN CHATTERJEE,AFTAB ALAM, , ,

Judgment text excerpt

The Supreme Court upheld the High Court's decision that both the drivers of the Ambassador car and the lorry were equally negligent in causing the accident, attributing 50% contributory negligence to each. The Court emphasized that the Motor Accidents Claims Tribunal's finding of exclusive negligence on the part of the car driver was incorrect. Consequently, the Court directed the Insurance Company to pay the compensation to the claimants and recover excess amounts from the vehicle owner, thereby affirming the principle of shared liability in motor accident cases under the Motor Vehicles Act.

UNITED INDIA ASSURANCE CO.LTD vs A.N.SUBBULAKSHMI · Niyam