Supreme Court of India · 2017-12-15
Dinesh Kumar J. @ Dinesh J, vs National Insurance Co. Ltd
- Citation / case number
- AIR 2017 SC (SUPP) 990
- Court
- Supreme Court of India
- Petitioner
- Dinesh Kumar J. @ Dinesh J,
- Respondent
- National Insurance Co. Ltd
- Author
- D Y Chandrachud
- Bench
- D Y Chandrachud, A M Khanwilkar, Dipak Misra
Judgment text excerpt
The Supreme Court held that the findings of contributory negligence against the appellant were erroneous, as the tribunal and High Court relied on the absence of the appellant's driving license to draw adverse inferences. The Court emphasized that no substantial evidence was presented by the insurer to support claims of contributory negligence. The Court overturned the High Court's decision, thereby enhancing the compensation awarded to the appellant, who was found entitled to Rs 6,46,665 after accounting for contributory negligence, while also affirming the joint and several liability of the respondents.