Niyam v2 is live — start for just ₹100 — 200 credits to try

june 2020

Supreme Court of India · 2020-06-08

Chandrakanta Tiwari vs New India Assurance Company

Court
Supreme Court of India
Petitioner
Chandrakanta Tiwari
Respondent
New India Assurance Company
Author
R. F. Nariman
Bench
B.R. Gavai, Navin Sinha, Rohinton Fali Nariman

Judgment text excerpt

The Supreme Court held that under Section 163A of the Motor Vehicles Act, 1988, the liability is based on 'no fault' and does not require proof of negligence. The Court found that the High Court erred in dismissing the claim based on the absence of the claimant at the accident scene and the validity of the deceased's driving license. The Court also determined that the multiplier should be based on the victim's age of 28 years, leading to a revised compensation amount, thereby overturning the High Court's decision.

Chandrakanta Tiwari vs New India Assurance Company · Niyam