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.