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Supreme Court of India 2018-07-31 partly_allowed

Rani & Ors vs National Insurance Company Ltd. & Ors

Bench: 3 — A.M. Khanwilkar

In Brief

This case involved two motor accident claims arising from a collision between a motorcycle and a lorry. The deceased rider and an injured passenger sought compensation from the insurance company. While a Motor Accident Claims Tribunal awarded Rs. 4,53,000 for the deceased's dependents and Rs. 1,72,700 for the passenger, the High Court enhanced the deceased's compensation to Rs. 16,00,000 based on a higher estimated income. The Supreme Court rejected this enhancement as irrational but upheld the principle that the insurance company must pay compensation first with liberty to recover from the vehicle owner, ensuring victims' prompt relief notwithstanding any permit violations.

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Motor Vehicle Accidents Negligence Liability Insurance Law Compensation Motor Vehicles Act Civil Procedure

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