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.