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july 2010

Supreme Court of India · 2010-07-22

Arun Kumar Agrawal & Anr vs National Insurance Co. Ltd. & Ors

Citation / case number
AIR 2010 SUPREME COURT 3426
Court
Supreme Court of India
Petitioner
Arun Kumar Agrawal & Anr
Respondent
National Insurance Co. Ltd. & Ors
Author
G.S. Singhvi
Bench
G.S. Singhvi, Asok Kumar Ganguly

Judgment text excerpt

The Supreme Court addressed the criteria for determining compensation under Section 166 of the Motor Vehicles Act, 1988, for dependents of a deceased woman without a regular income. The Court held that while the Tribunal recognized the loss of dependency, it improperly reduced the compensation amount based on the assumption that the deceased was not an earning member, despite evidence of her contributions to the family. The Court ultimately enhanced the compensation awarded to the appellants, emphasizing the need for a fair assessment of loss of dependency and the impact of the deceased's absence on the family.

Arun Kumar Agrawal & Anr vs National Insurance Co. Ltd. & Ors · Niyam