Supreme Court · 2009 INSC 198 · Decided 17 February 2009

Usha Rajkhowa & ORS. v. Paramount Industries & ORS.

Court
Supreme Court of India
Citation
2009 INSC 198 · [2009] 2 S.C.R. 520
Case number
CIVIL APPEAL No. 1088/2009
Decided
17 February 2009
Bench
S.B. SINHA, V.S. SIRPURKAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil

Headnote

520 A USHA RAJKHOWA & ORS. ...\- v. PARAMOUNT INDUSTRIES & ORS. Civil Appeal No.1088 of 2009 B FEBRUARY 17, 2009 (S.B. SINHA AND V.S. SIRPURKAR, JJ) Motor Accident: .,. Fatal accident - Collision between car and truck - Death c of two persons traveling in the car including its driver - negligence, compensation could not be restricted on that count - There is no evidence to suggest any failure on i- D ., ' the part of car driver-Any breach on his part had to be proved V• by insurer which failed to do so - Principle of res ipsa loquitor ~ applicable - Compensation as

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