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august 2010

Supreme Court of India · 2010-08-18

Indra Devi & Ors vs Bagada Ram & Anr

Citation / case number
AIR 2010 SUPREME COURT 2913
Court
Supreme Court of India
Petitioner
Indra Devi & Ors
Respondent
Bagada Ram & Anr
Author
Aftab Alam
Bench
R.M. Lodha, Aftab Alam

Judgment text excerpt

The Supreme Court held that under Section 140 of the Motor Vehicles Act, 1988, 'no fault compensation' is payable regardless of any wrongful act or negligence of the deceased. The Court found that the Tribunal erred in directing the refund of the no fault compensation amount to the insurance company, as this contradicts the principle of no fault compensation. Consequently, the Court set aside the Tribunal's order allowing the insurance company to recover the interim compensation amount along with interest.

Indra Devi & Ors vs Bagada Ram & Anr · Niyam