Supreme Court of India · 2017-02-21
Manuara Khatun & Ors vs Rajesh Kr. Singh & Ors
- Citation / case number
- AIR 2017 SUPREME COURT 1204
- Court
- Supreme Court of India
- Petitioner
- Manuara Khatun & Ors
- Respondent
- Rajesh Kr. Singh & Ors
- Author
- Abhay Manohar Sapre
- Bench
- J. Chelameswar, Abhay Manohar Sapre
Judgment text excerpt
The Supreme Court upheld the High Court's dismissal of appeals for enhancement of compensation under Section 173 of the Motor Vehicles Act, 1988, affirming the Motor Accident Claims Tribunal's finding that the Tata Sumo was driven negligently, resulting in the deaths of Ismail Hussain and Nirod Prasad Mohanty. The Court ruled that the passengers were 'gratuitous passengers', thus exonerating the insurer of the Tata Sumo from liability. The Court confirmed that the liability for compensation rested solely with the owner of the Tata Sumo, with no negligence attributed to the truck driver.