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may 2009

Supreme Court of India · 2009-05-06

National Insurance Co. Ltd vs Hamida Khatoon & Ors

Citation / case number
AIR 2009 SUPREME COURT 2599
Court
Supreme Court of India
Petitioner
National Insurance Co. Ltd
Respondent
Hamida Khatoon & Ors
Author
Arijti Pasayat
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court upheld the decision of the Allahabad High Court, affirming the Motor Accident Claims Tribunal's award of Rs. 1,20,000 as compensation for the death of Abdul Hamid due to a truck accident. The Court clarified that the appeal under Section 173 of the Motor Vehicles Act, 1988 was maintainable despite the insurer's argument regarding Section 53 of the Employees State Insurance Act, 1948, which was not specifically raised in the written statement. The ruling emphasized that remedies under the Motor Vehicles Act are supplementary to those provided under the ESI Act, thus reinforcing the right to claim compensation under both statutes.

National Insurance Co. Ltd vs Hamida Khatoon & Ors · Niyam