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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 seeking recovery of excess compensation amounts paid to claimants in a motor accident case. A tribunal had awarded Rs.44,50,000, reduced on appeal to Rs.5,82,132, later enhanced to Rs.15,70,892. The respondents withdrew more than entitled. Although the insurance company had a legal right to recover the excess, the Court invoked Article 142 of the Constitution to decline recovery. The deceased was only 32 years old; claimants received no salary enhancement, the minor received no compensation for loss of love and care, and consortium was paid only Rs.25,000. The appeal was dismissed, leaving the legal question open.

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Motor Accident Claims Compensation Constitutional Law Article 142 Equitable Relief

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