CLX-IN-MOTOR-2008-000027
National Insurance Company Ltd. — Appellant versus Bhukya Tara & Ors. — Respondents
Supreme Court of India · 8 May 2008
AllowedCore ratio / Key holding
Cases involving compensation for a deceased travelling in a goods vehicle are squarely covered by the decision of the three-Judge Bench of the Supreme Court in New India Assurance Co. Ltd. v. Asha Rani, (2003) 2 SCC 223.
Headnote
Motor Vehicles Act — S.170 — Compensation — Deceased in goods vehicle
Ratio decidendi
- Cases involving compensation for a deceased travelling in a goods vehicle are squarely covered by the decision of the three-Judge Bench of the Supreme Court in New India Assurance Co. Ltd. v. Asha Rani, (2003) 2 SCC 223.
Important points
- Appeals by the insurance company against compensation awards for deceased in goods vehicles are allowed, setting aside the orders of the tribunal and High Court.
- Any compensation already paid to the respondent shall not be recovered.
- Amounts deposited before the tribunal not yet paid to the claimant shall be refunded to the appellant.
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