Supreme Court · 2011 INSC 600 · Decided 23 August 2011
National Insurance Company LTD. v. Kusuma and ANR.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 600 · [2011] 10 S.C.R. 546
- Case number
- CIVIL APPEAL No. 7212/2011
- Decided
- 23 August 2011
- Bench
- D.K. JAIN, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 166, 168
Headnote
Motor Vehicles Act, 1988 - ss. 166 and 168 - Assessment of quantum of compensation - Meaning of the C word "jusf' as appearing in s. 168 - Loss of foetus on account of injury sustained by the claimant-mother in an accident - Claim petition - Tribunal held that loss of foetus was akin to death of Rs. 50, 0001- towards loss of unborn child and a further sum of D Rs.10,0001- towards pain and sufferings to the claimant- High Court enhanced compensation to a consolidated amount of Rs. 1, 80, 0001- - On appeal, held: s. 168 casts an obligation on the Claims Tribunal to determine the
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