Supreme Court · 2013 INSC 507 · Decided 1 August 2013

Rekha Jain & ANR. v. National Insurance CO. LTD.

Court
Supreme Court of India
Citation
2013 INSC 507 · [2013] 10 S.C.R. 750
Case number
CIVIL APPEAL No. 5373/2013
Decided
1 August 2013
Bench
G.S. SINGHVI, V. GOPALA GOWDA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Motor Vehicles Act

Headnote

Motor Vehicles Act, 1988 - 149(2) and 170(b) - Fatal accident - Claim for compensation - Claims Tribunal awarded C compensation of Rs.10,62,0001- after deducting 1/3rd of the income of the deceased towards her personal expenses and by applying multiplier of 11 - Appeal by the claimant as well as reduced the compensation to Rs. 8, 00, 0001- - Held: High Court wrongly interfered with the D quantum of compensation awarded by the Tribunal - Moreover, the insurance company had no right to challenge the quantum of compensation in absence of permission from the Tribunal - Hence, judgment of

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