Supreme Court of India · 2009-05-06
RAJ RANI vs ORIENTAL INSURANCE CO.LTD..
- Citation / case number
- SC 2008/26365
- Court
- Supreme Court of India
- Petitioner
- RAJ RANI
- Respondent
- ORIENTAL INSURANCE CO.LTD..
- Author
- S.B. Sinha
Judgment text excerpt
The Supreme Court addressed the issue of contributory negligence in a motor vehicle accident case, where the deceased, Diwan Pal Singh, was driving a car that collided with a truck parked without lights. The Court held that both drivers contributed to the accident, attributing 50% negligence to each. The High Court's decision to allow compensation from the insurance company was overturned, as the deceased was the owner and driver of the car, thus not qualifying as a third party under the Motor Vehicles Act, 1988, leading to the dismissal of the claimants' appeal.