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may 2009

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.

RAJ RANI vs ORIENTAL INSURANCE CO.LTD.. · Niyam