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.