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Supreme Court of India 2017-03-09 dismissed

Oriental Insurance Co. Ltd vs Baby Radhika Gupta and Anr

Bench: 2 — Kurian

In Brief

An insurance company appealed for recovery of excess compensation and interest paid to claimants in a fatal motor accident case. The accident victim, aged 32, left dependents including a minor child. The Supreme Court found that although the company had a technical legal right to recover the excess amount, the original compensation award was substantively inadequate—particularly regarding loss of love, care and protection for the minor and inadequate consortium compensation. The Court invoked Article 142 to dismiss the appeal and prevent recovery, prioritizing substantial justice over technical legal entitlements in this exceptional case.

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Motor Accident Claims Compensation Article 142 Loss of Consortium Dependent Minors Insurance Law Substantive Justice

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