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january 2011

Supreme Court of India · 2011-01-17

ORIENTAL INSURANCE CO.LTD. vs DHANBAI KANJI GADHVI .

Citation / case number
SC 2010/12071
Court
Supreme Court of India
Petitioner
ORIENTAL INSURANCE CO.LTD.
Respondent
DHANBAI KANJI GADHVI .
Author
M. PANCHAL,H.L. GOKHALE, , ,
Bench
J.M. PANCHAL,H.L. GOKHALE, , ,

Judgment text excerpt

The Supreme Court upheld the High Court's decision affirming the Motor Accident Claims Tribunal's order allowing the respondents to proceed with their application under Section 166 of the Motor Vehicles Act, 1988, despite having received compensation under Section 163A. The Court clarified that both provisions can coexist and that the respondents are entitled to pursue their claim under Section 166 after receiving compensation under Section 163A. The appeal by the petitioner was dismissed, affirming the Tribunal's directive to adjust the amount awarded under Section 163A against any final award under Section 166.

ORIENTAL INSURANCE CO.LTD. vs DHANBAI KANJI GADHVI . · Niyam