Supreme Court · 2010 INSC 524 · Decided 18 August 2010
Eshwarappa @ Maheshwarappa & ANR. v. C.S. Gurushanthappa & ANR.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 524 · [2010] 10 S.C.R. 362
- Case number
- CIVIL APPEAL No. 7049/2002
- Decided
- 18 August 2010
- Bench
- AFTAB ALAM, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 140, 166; Workmen's Compensation Act
Headnote
Motor Vehicles Act, 1988 - ss. 140 and 166 - N9 fault compensation - Fatal accident - Death of driver and four C occupants, of a private car - Surviving occupant sustained serious injuries - While rejection of claim petition, prayer for no fault compensation a/so rejected Held: Liability arising invariably be passed on to insurer to be paid off from the vast fund created by virtue of ss. 146 D and 147 unless owner of the vehicle causing accident is guilty of some flagrant violation of the law - In case of death or permanent disablement of any person resulting from motor, accident, a
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