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Supreme Court of India 2017-01-23 dismissed

D.M., Oriental Insurance Co. Ltd vs Swapna Nayak & Ors

Bench: 2 — Abhay Manohar Sapre

In Brief

On 16 December 2006, a US-resident senior IT analyst travelling in India died in a collision between his car and a truck caused by the truck driver's rash and negligent driving. His mother and others also died or were injured. The Tribunal awarded Rs. 4,36,95,740/- to the deceased's legal heirs; the High Court reduced it to Rs. 3,75,00,000/- by deducting income tax. The Insurance Company sought further reduction; the heirs sought enhancement. The Supreme Court upheld the High Court's award, holding that concurrent findings on quantum need not be disturbed where the overall compensation is just and reasonable under the Motor Vehicles Act.

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Motor Vehicles Act Compensation Negligence Appellate Review Constitutional Law

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