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Supreme Court of India 2020-01-08 allowed

Mohammed Siddique & Anr vs National Insurance Company Ltd. & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

Mohammed Siddique was a passenger on a motorcycle that was struck from behind by a speeding car. The Motor Accident Claims Tribunal awarded compensation, but the High Court reduced it, finding the victim partly responsible for being on a crowded motorcycle and rejecting the employer's salary evidence. The Supreme Court allowed the appeal, holding that riding with two others does not constitute contributory negligence when the collision was caused by the other vehicle. The Court restored the tribunal's award, disapproving the High Court's arbitrary rejection of the employer's testimony and its application of minimum wages as the compensation benchmark.

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Motor Vehicles Act Compensation Contributory Negligence Motor Accident Claims Damages

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