CLX-IN-MOTOR-2008-000027

National Insurance Company Ltd. — Appellant versus Bhukya Tara & Ors. — Respondents

Supreme Court of India · 8 May 2008

Allowed

Core 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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