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Supreme Court of India 2020-06-08 allowed

CHANDRAKANTA TIWARI vs NEW INDIA ASSURANCE COMPANY LTD. & ANR

Bench: 3 — Rohinton Fali Nariman, Navin Sinha, B.R. Gavai

In Brief

A 28-year-old man died in a motor vehicle accident in 2004. The Motor Accident Claims Tribunal awarded his mother Rs. 1.99 lakhs compensation. The High Court reversed the award, holding that the claimant, being a non-eyewitness, could not prove the accident and the deceased lacked a valid driving license. The Supreme Court held that under Section 163A of the Motor Vehicles Act, 1988, liability is strict and no-fault—the insurer must pay compensation automatically without proof of negligence or fault. The claimant's lack of eyewitness status and driving license issues are irrelevant. The Court restored the award with a corrected multiplier (17 instead of 8), holding the insurer liable to pay within three months."

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Motor Vehicle Law Insurance Compensation Road Accident Section 163A

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