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Supreme Court of India 2018-09-18 partly_allowed

Magma General Insurance Co. Ltd vs Nanu Ram alias Chuhru Ram & Ors

Bench: 2 — Indu Malhotra

In Brief

On 1 December 2013, a motorcycle rider was hit by a car driven negligently by the respondent and died from injuries. The insurance company appealed against the High Court's compensation award of Rs. 14.21 lakh to the deceased's father and unmarried sister. The Supreme Court modified the award to Rs. 14.25 lakh. While reducing future prospects from 50% to 40% per constitutional bench precedent, the Court upheld that the father and sister were dependents and awarded additional compensation for loss of filial consortium (Rs. 80,000) and loss of estate (Rs. 15,000). The insurer and driver were held jointly and severally liable, with the insurer paying full compensation but recovering 50% from the driver."

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Motor Vehicles Act Negligence Compensation Wrongful Death Motor Accident Tribunals Insurance

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