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november 2011

Supreme Court of India · 2011-11-23

NATIONAL INSURANCE CO.LTD. vs SINITHA .

Citation / case number
SC 2007/6606
Court
Supreme Court of India
Petitioner
NATIONAL INSURANCE CO.LTD.
Respondent
SINITHA .
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 the deceased Shijo, who died in a motorcycle accident. The Court confirmed the High Court's decision to deduct Rs.5000 for pain and suffering, which was deemed impermissible under Section 163A, while maintaining the rest of the compensation awarded by the Tribunal. The Court rejected the appellant's argument that the accident was solely due to the deceased's negligence, affirming the claimants' entitlement to compensation.

NATIONAL INSURANCE CO.LTD. vs SINITHA . · Niyam