Supreme Court of India · 2018-02-09
Archit Saini vs Oriental Insurance Company Ltd.
- Citation / case number
- AIR 2018 SUPREME COURT 1143
- Court
- Supreme Court of India
- Petitioner
- Archit Saini
- Respondent
- Oriental Insurance Company Ltd.
- Author
- A.M. Khanwilkar
- Bench
- D.Y. Chandrachud, A.M. Khanwilkar, Dipak Misra
Judgment text excerpt
The Supreme Court examined the appeals against the High Court's modification of the Motor Accident Claims Tribunal's award, which reduced the compensation to the claimants by attributing 50% contributory negligence to them. The Court held that the High Court erred in reversing the Tribunal's finding of fact regarding the negligent parking of the gas tanker, which was a proximate cause of the accident. The Court reinstated the Tribunal's award, emphasizing the importance of factual findings in compensation claims under the Motor Vehicles Act, 1988.