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Supreme Court of India 2019-08-09 disposed

Anu Bhanvara etc vs IFFCO Tokio General Insurance Company Limited & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Young children sustained permanent injuries in a motor vehicle accident. The claimants appealed for enhanced compensation and insisted the insurer pay, even though the driver's negligence was disputed. The Supreme Court upheld the compensation quantum but innovatively applied the principle of 'pay and recover': the insurance company must immediately pay the awarded compensation to protect these vulnerable, disabled children, but retains the right to recover the amount from the driver and vehicle owner later. The Court balanced victim protection with insurer rights.

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Motor Vehicle Accident Tort Law/Negligence Insurance Law Compensation Disability Rights

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