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Supreme Court of India 2020-06-08 allowed

Chandrakanta Tiwari vs New India Assurance Company Ltd. & Anr

Bench: 3 — <UNKNOWN>

In Brief

Chandrakanta Tiwari claimed compensation from New India Assurance for death arising from a motor vehicle accident. The insured person was a passenger, not the driver. The High Court rejected the claim, holding that the insured had to be the driver. The Supreme Court held that Section 163A of the Motor Vehicles Act does not require the insured to be the driver—a passenger's claim is valid. The Court also rejected the insurance company's belated argument on maximum liability and corrected the compensation multiplier from 8 to 17, allowing the appeal and ordering revised compensation.

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Motor Vehicles Insurance Negligence Compensation Damages

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