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december 2009

Supreme Court of India · 2009-12-17

JAI PRAKASH vs M/S. NATIONAL INSURANCE CO. .

Citation / case number
SC 2005/8333
Court
Supreme Court of India
Petitioner
JAI PRAKASH
Respondent
M/S. NATIONAL INSURANCE CO. .
Author
R.V. RAVEENDRAN,MUKUNDAKAM SHARMA,K.S. PANICKER RADHAKRISHNAN, ,
Bench
R.V. RAVEENDRAN,MUKUNDAKAM SHARMA,K.S. PANICKER RADHAKRISHNAN, ,

Judgment text excerpt

The Supreme Court addressed the plight of motor accident victims who are unable to secure compensation due to various circumstances, including hit-and-run incidents and uninsured vehicles, as outlined under Section 161 and Section 140 of the Motor Vehicles Act. The Court emphasized the need for the State to provide effective remedies for these victims, who constitute approximately 20% of all motor accident cases, thus highlighting a significant gap in the existing insurance framework. The judgment calls for a reevaluation of the legal protections afforded to these individuals, ensuring equitable treatment regardless of the insurance status of the vehicle involved.

JAI PRAKASH vs M/S. NATIONAL INSURANCE CO. . · Niyam