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december 2017

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.

Dinesh Kumar J. @ Dinesh J, vs National Insurance Co. Ltd · Niyam