Supreme Court of India · 2009-02-17
Usha Rajkhowa & Ors vs M/S Paramout Industries & Ors
- Citation / case number
- AIR 2009 SUPREME COURT 1951
- Court
- Supreme Court of India
- Petitioner
- Usha Rajkhowa & Ors
- Respondent
- M/S Paramout Industries & Ors
- Author
- V.S. Sirpurkar
- Bench
- V.S. Sirpurkar, S.B. Sinha
Judgment text excerpt
The Supreme Court held that the Motor Accidents Claim Tribunal's decision to limit the compensation to 50% due to contributory negligence was erroneous. The Court emphasized that under Section 166 of the Motor Vehicles Act, the claimants are entitled to full compensation unless clear evidence of negligence is established against them. The Court overturned the High Court's ruling and directed that the full assessed claim amount be paid to the appellants, as the evidence did not conclusively establish contributory negligence on the part of the deceased driver.