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Supreme Court of India 2021-10-01

National Insurance Company Ltd vs Chamundeswari & Ors

Bench: 2 — R. Subhash Reddy, Hrishikesh Roy

In Brief

A vehicle driver died in a road accident when an Eicher van ahead of him suddenly turned right without signalling. The victim's widow and minor son claimed compensation. The trial tribunal found both drivers contributorily negligent and awarded Rs.10,40,500. The High Court reversed this, finding the Eicher van driver solely negligent, and enhanced compensation to Rs.1,85,08,832 based on the deceased's tax-return income. The insurance company appealed, contesting the negligence finding and quantum. The Supreme Court upheld the High Court, relying on eyewitness testimony over the FIR, and affirmed the income calculation and compensation award as reasonable and properly applied under the Sarla Verma formula.

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Motor Vehicles Act Negligence Compensation Road Accident Loss of Dependency Income Determination Evidence

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