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april 2011

Supreme Court of India · 2011-04-29

SRI KUMARESH vs THE DIVN.MANAGER NATIONAL INS.CO.LTD.ANR

Citation / case number
SC 2010/4628
Court
Supreme Court of India
Petitioner
SRI KUMARESH
Respondent
THE DIVN.MANAGER NATIONAL INS.CO.LTD.ANR
Author
G.S. SINGHVI,ASOK KUMAR GANGULY, , ,
Bench
G.S. SINGHVI,ASOK KUMAR GANGULY, , ,

Judgment text excerpt

The Supreme Court upheld the principles under Section 166 of the Motor Vehicles Act, 1988, stating that in motor accident claims, strict proof of negligence is not required. The Court found that the compensation awarded by the High Court was inadequate and thus enhanced the total compensation to Rs.5,48,000, considering factors such as loss of earning capacity and future earnings. The Court emphasized the importance of fair compensation for grievous injuries sustained in accidents, particularly when the victim's earning capacity is significantly affected.

SRI KUMARESH vs THE DIVN.MANAGER NATIONAL INS.CO.LTD.ANR · Niyam