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Supreme Court of India 2018-11-16 allowed

Vimla Devi & Ors vs National Insurance Company Limited & Ors

Bench: 1 — Abhay Manohar Sapre

In Brief

A widow and two minor children claimed compensation following their husband and father's death in a motor accident caused by a negligently driven truck. The Motor Accident Compensation Tribunal and High Court dismissed the claim, finding insufficient proof despite the claimants' documentary evidence. The Supreme Court allowed the appeal, holding that the claimants had adduced sufficient evidence of the accident and negligence; procedural lapses in document exhibition could not defeat a meritorious claim. The Court awarded Rs. 11,27,920 in compensation for lost income, funeral expenses, estate loss, and loss of consortium, emphasizing that the Motor Vehicles Act is beneficial legislation designed to ease victims' burden of proof.

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Motor Accident Compensation Negligence Insurance Civil Procedure Burden of Proof Compensation Wrongful Death Evidence Procedural Lapses

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