Supreme Court · 2021 INSC 6 · Decided 5 January 2021

Kirti & ANR. ETC. v. Oriental Insurance Company LTD.

Court
Supreme Court of India
Citation
2021 INSC 6 · [2021] 1 S.C.R. 989
Case number
CIVIL APPEAL No. 19/2021
Decided
5 January 2021
Bench
N.V. RAMANA, S. ABDUL NAZEER, SURYA KANT (3-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Motor Vehicles Act

Headnote

Motor Vehicles Act, 1988: Claims and legal liabilities crystallise at the time of accident itself - Any changes post thereto, ought not to ordinarily affect pending proceedings - Just like how claimants cannot rely upon subsequent increases in minimum wages, the seek benefit of the subsequent death of a dependent during the pendency of legal proceedings - Similarly, any concession in law made in this regard by either counsel would not bind the parties. Concession in law: Permissibility, extent of - Held: Advocates cannot throw away legal

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