Supreme Court · 2007 INSC 1151 · Decided 14 November 2007
Oriental Insurance CO. LTD. v. SMT. Raj Kumari and ORS.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 1151 · [2007] 11 S.C.R. 1141
- Case number
- CIVIL APPEAL No. 5209/2007
- Decided
- 14 November 2007
- Bench
- ARIJIT PASAYAT, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 147
Headnote
Motor Vehicles Act, 1988: s.147-Award of compensation-High Court while passing award of Rs.1.25 lacs, held that liability of insurer is limited to A B c Rs. 50, 000, however, insurer would pay entire amount to claimants and recover amount in excess of Rs. 50, 000 from the insured-On appeal, held, be recovered from the insured. Rate of interest-Award of compensation with interest@ 12% p.a.-On appeal, held: /nterestfixed@9% p.a. considering the date of accident. Precedent Reliance on the ·decision without looking into the factual background of the case before.the
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