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.