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august 2010

Supreme Court of India · 2010-08-18

INDRA DEVI & ORS. vs BAGADA RAM

Citation / case number
SC 2003/3379
Court
Supreme Court of India
Petitioner
INDRA DEVI & ORS.
Respondent
BAGADA RAM
Author
AFTAB ALAM
Bench
AFTAB ALAM,R.M. LODHA, , ,

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 negligence on the part of the deceased. The Tribunal's direction for the insurance company to recover the interim compensation from the claimants was erroneous, as it failed to recognize the nature of 'no fault compensation'. The Court set aside the Tribunal's order, allowing the appeal and ensuring the claimants retain the compensation amount paid to them.

INDRA DEVI & ORS. vs BAGADA RAM · Niyam