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october 2018

Supreme Court of India · 2018-10-12

Sebastiani Lakra vs National Insurance Company Ltd.

Citation / case number
AIR 2018 SUPREME COURT 5034
Court
Supreme Court of India
Petitioner
Sebastiani Lakra
Respondent
National Insurance Company Ltd.
Author
Deepak Gupta
Bench
Deepak Gupta, S. Abdul Nazeer, Madan B. Lokur

Judgment text excerpt

The Supreme Court held that under Section 168 of the Motor Vehicles Act, 1988, the calculation of compensation must ensure 'just compensation' for claimants. The Court found that the High Court erred in reducing the compensation awarded by the MACT without providing reasons, emphasizing that judicial orders must be reasoned. The Court reinstated the original compensation amount of Rs.40,90,000, rejecting the insurance company's argument for deduction based on the Employees Family Benefit Scheme, and affirmed the need to consider future prospects in compensation calculations.

Sebastiani Lakra vs National Insurance Company Ltd. · Niyam