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Motor Accident Claim
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Motor Accident Claim
Mode of Citation- ILC-2012-SC-MAC-....
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ILC-2011-SC-MAC-Sep-2

A. Sridhar Vs. United India Insurance Co. Ltd.

Appellant riding motor cycle along with a pillion rider met with an accident due to oil spill on the road suffered grievous injuries vehicle is insured - Insurance Company denied its liability - Tribunal conclusion that accident did not take place due to rash and negligence driving of claimant but due to oil spilling on the road - Assessed compensation of '1,60,000/- with interest at 6% per annum - Appeal by Insurance Company - High Court modified the award and reduced compensation to '25,000/- Claimant filed appeal - Supreme Court - Accident because of oil spill on road - Negligence can be attributable only on the person driving vehicle - Hence not entitled to compensation under Insurance Policy - Further held High Court was justified in invoking beneficial legislation and directing Insurance Company to pay limited amount by way of compensation to injured person on the basis of "no fault liability," since the accident has arisen out of use of motor vehicle and has resulted in grievous injuries to the claimant - No legal infirmity in Judgment and Order passed by High Court - Appeal dismissed.

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Latest Update in Motor Accident Claim

ILC-2012-SC-MAC-Jan-1

Mohan Soni Vs. Ram Avtar Tomar and Ors.

ILC-2011-SC-MAC-Dec-1

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