Supreme Court · 2013 INSC 584 · Decided 2 September 2013
Minu Rout & ANR. v. Satya Pradyumna Mohapatra & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 584 · [2013] 10 S.C.R. 847
- Case number
- CIVIL APPEAL No. 7368/2013
- Decided
- 2 September 2013
- Bench
- G.S. SINGHVI, V. GOPALA GOWDA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 166
Headnote
Motor Vehicles Act, 1988 - s.166- Compensation claim - Head-on collision between a car and a truck - Driver of the A B car died - Tribunal held that there was contributory negligence C on the part of the deceased in causing the accident, therefore, his dependents i.e. the appellants were entitled only to the extent of 50% for the fault of the offending truck - Order affirmed by High Court - On appeal, held: 50% deduction out of the total loss of D dependency compensation determined by the Tribunal was not correct - In absence of rebuttal evidence, the Tribunal erroneously placed
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