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Supreme Court of India 2017-12-22 allowed

Divisional Manager, National Insurance Company Limited vs New India Assurance Co. Ltd. and Others

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A 35-year-old Assistant Manager earning Rs. 25,726 per month died in a motor accident involving a Maruti car and a tanker. A tribunal awarded Rs. 32,45,367/- to the legal representatives. The High Court held both insurers (National Insurance of Maruti car and New India Assurance of tanker) equally liable. The Supreme Court held the tanker's insurer (New India Assurance) solely liable, finding the High Court's decision unreasoned. The tribunal's award was enhanced by Rs. 10,00,000/- to Rs. 42,45,367/-. The insurer must deposit this enhanced amount within twelve weeks, less amounts already paid, failing which interest at 9% per annum applies. Awards for the mother and sister's deaths were restored."

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Motor Vehicles Act Insurance Law Tort Liability Compensation Motor Accident Claims

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