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july 2009

Supreme Court of India · 2009-07-29

Mamta & Ors vs National Insurance Co.Ltd. & Ors

Court
Supreme Court of India
Petitioner
Mamta & Ors
Respondent
National Insurance Co.Ltd. & Ors
Bench
Deepak Verma, S.B. Sinha

Judgment text excerpt

The Supreme Court held that the High Court erred in reducing the compensation awarded by the Motor Accident Claims Tribunal, which was based on the testimonies of two witnesses regarding the deceased's income of Rs. 5000-6000 per month. The Court emphasized that the respondent failed to cross-examine these witnesses, thus not challenging their credibility, and noted that under Section 59 of the Evidence Act, oral evidence is valid. The Court reinstated the Tribunal's compensation amount of Rs. 6,72,880/- and clarified that the Appellate Court should not disturb factual findings made by the Trial Court without sufficient grounds.

Mamta & Ors vs National Insurance Co.Ltd. & Ors · Niyam