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november 2011

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.

National Insurance Co.Ltd vs Sinitha & Ors · Niyam