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february 2018

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.

Archit Saini vs Oriental Insurance Company Ltd. · Niyam