Supreme Court of India · 2011-11-23
National Insurance Co.Ltd vs Sinitha & Ors
- Citation / case number
- AIR 2012 SUPREME COURT 797
- Court
- Supreme Court of India
- Petitioner
- National Insurance Co.Ltd
- Respondent
- Sinitha & Ors
- Author
- Jagdish Singh Khehar
- Bench
- Jagdish Singh Khehar, Asok Kumar Ganguly
Judgment text excerpt
The Supreme Court upheld the compensation awarded under Section 166 and Section 163A of the Motor Vehicles Act, 1988, to the family of deceased Shijo, who died in a motorcycle accident. The Court found that the High Court erred in deducting Rs.5000/- for pain and suffering, as it was permissible under Section 163A. The Court affirmed the Tribunal's findings regarding the liability of the insurance company, rejecting the argument that the accident was solely due to Shijo's negligence.