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Supreme Court of India 2018-04-27 partly_allowed

Nishan Singh & Ors vs Oriental Insurance Company Ltd. through Regional Manager & Ors

Bench: 3 — A.M. Khanwilkar

In Brief

A family claiming compensation after a road accident in which the wife died faced dismissal by both the trial court and High Court. The Tribunal found the deceased's husband's driver (Manjeet Singh) negligent for maintaining only a 10–15 feet distance behind a truck on a narrow 14-foot road, violating traffic regulations. The Supreme Court upheld this finding as a concurrent finding of fact. However, it ruled that the truck owner remained liable under Section 140 of the Motor Vehicles Act, 1988, which imposes strict liability regardless of driver fault. The Court awarded Rs. 50,000 compensation with 9% interest to the appellants."

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Motor Vehicle Accidents Negligence Tort Law Insurance Law Motor Vehicles Act Compensation Traffic Regulations

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