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july 2010

Supreme Court of India · 2010-07-22

ARUN KUMAR AGRAWAL vs NATIONAL INSURANCE CO. LTD. .

Citation / case number
SC 2004/16854
Court
Supreme Court of India
Petitioner
ARUN KUMAR AGRAWAL
Respondent
NATIONAL INSURANCE CO. LTD. .
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 Motor Accident Claims Tribunal recognized the loss of dependency, it improperly reduced the compensation amount based on the notion that the deceased was not an earning member. The Court emphasized that the loss of love, affection, and domestic support must also be considered, leading to the conclusion that the compensation should reflect the true impact of the loss on the family.

ARUN KUMAR AGRAWAL vs NATIONAL INSURANCE CO. LTD. . · Niyam