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.