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1 - 10 of 52 (0.36 seconds)Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Section 168 in The Motor Vehicles Act, 1988 [Entire Act]
The Motor Vehicles Act, 1988
Section 158 in The Motor Vehicles Act, 1988 [Entire Act]
Section 165 in The Motor Vehicles Act, 1988 [Entire Act]
The Code of Civil Procedure, 1908
Section 169 in The Motor Vehicles Act, 1988 [Entire Act]
Nagappa vs Gurudayal Singh & Ors on 3 December, 2002
53. In M. Ramadevi [(2008) 3 SCC 379], the Apex
Court repelled the contention of the appellant State Road
Transport Corporation that, when there was no appeal by the
claimants, in the appeal filed by the appellant-Corporation the
High Court should not have enhanced the compensation
amount. The Apex Court repelled the above contention of the
appellant-Corporation, after quoting the law laid down in
Nagappa [(2003) 2 SCC 274]. Adopting the multiplier of 10,
as against the multiplier of 12 taken by the Tribunal and the
High Court, the Apex Court re-fixed the amount payable to the
claimants as Rs.2,40,000/-, to which the Apex Court added
Rs.20,000/- awarded by the Tribunal for non-pecuniary
damages and loss of consortium, as there was no challenge by
the Corporation to the award of such amounts.
Oriental Insurance Co. Ltd vs Mohd. Nasir & Anr on 12 May, 2009
The above principle was
followed in the later decisions in Oriental Insurance Co. Ltd.
v. Mohd. Nasir [(2009) 6 SCC 280] and Ningamma v.
United India Insurance Co. Ltd. [(2009) 13 SCC 710].
The underlying principle discussed in the above decisions is
with regard to the duty of the court to fix a 'just compensation'
and it has now become settled law that the court should not
succumb to niceties or technicalities, in such matters. The
attempt of the court should be to equate, as far as possible,
the misery on account of the accident with the compensation so
that the injured/the dependants should not face the vagaries of
life on account of the discontinuance of the income earned by
the victim. There is another reason why the court should award
proper compensation irrespective of the claim and, if required,
even in excess of the claim.