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Supreme Court of India 2022-08-10 allowed

JANABAI WD/O DINKARRAO GHORPADE & ORS vs M/S. I.C.I.C.I. LAMBORD INSURANCE COMPANY LTD

Bench: 2 — Hemant Gupta, Vikram Nath

In Brief

The deceased was killed in a motorcycle-car collision on 1 June 2007. The Motor Accident Claims Tribunal awarded the legal heirs Rs 8.9 lakh compensation, but the High Court set aside the award, doubting whether the car registration number provided by the widow was reliable. The Supreme Court held that in Motor Vehicles Act claims, criminal evidence standards do not apply; the tribunal's findings based on available evidence are sufficient. The Court relied on circumstantial evidence (owner's bail bond as surety for the driver, non-complaint of false implication) to establish the car's involvement. The Court enhanced compensation to Rs 11.63 lakh to include spousal and parental consortium, following the Pranay Sethi framework, and set aside the High Court's order.</summary_100> </invoke>

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Motor Vehicles Act Compensation Motor Accident Claims Tribunal Evidence Negligence Consortium

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