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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 travelling in a Maruti car collided with a truck, resulting in the death of the appellant's wife. The Tribunal and High Court found the car driver wholly negligent for failing to maintain safe distance. The appellants claimed the truck driver was at fault. The Supreme Court upheld the finding that the car driver was negligent but held that even without proving truck driver negligence, the truck owner is strictly liable under Section 140 of the Motor Vehicles Act, 1988. The Court awarded limited compensation of Rs. 50,000 to the appellants under Section 140, partly allowing the appeal.

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Motor Vehicles Act Motor Accident Claims Tribunal Negligence Contributory Negligence Vicarious Liability Compensation

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