Supreme Court · 2010 INSC 523 · Decided 18 August 2010
Indra Devi & ORS. v. Bagada Ram & ANR.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 523 · [2010] 10 S.C.R. 347
- Case number
- CIVIL APPEAL No. 1508/2004
- 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
Headnote
Motor Vehicles Act, 1988: A B ss. 140 and 166 - 'No fault compensation' - Tribunal c while rejecting the claim petition filed u/s 166 against the ensured and ensurer for death of the victim, on the ground that the accident occurred due to careless and negligent driving of deceased himself, - High Court affirming the 0 order - HELD: The impugned direction is clearly erroneous and unsustainable in law - The Tribunal has completely failed to realise the true nature and character of the compensation in terms of s. 140 of the Act - The marginal heading to s. 140 describes it as
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