SMT. RAJENDRA KUMARI & ANR. versus SMT. SHANTA TRIVEDI & ORS.

SMT. RAJENDRA KUMARI & ANR. versus SMT. SHANTA TRIVEDI & ORS.

The appellants are entitled to a sum of Rs.1 lac as compensation for the fatal motor accident, based on the deceased's earnings and life expectancy, and the Insurance Company's liability is limited to Rs.4,000 as admitted and as per the law at the material time.

Parties
Appellant: Smt. Rajendra Kumar; Respondent: Smt. Shanta Trivedi; Respondent: National Insurance Company Ltd.; Respondent: Rajasthan Mahila Parishad
Jurisdiction
India
Judgment Date
20 February 1989
Procedural Posture
Civil Appeal / Supreme Court Decision on Appeal by Special Leave
Outcome
Appeal allowed; High Court judgment and decree modified.
Legal Topics
Compensation for Fatal Motor Accident, Computation of Compensation, Insurance Company Liability
Motor Accident Claims Tort Law Compensation for Fatal Motor Accident Computation of Compensation Insurance Company Liability

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Parties

Smt. Rajendra Kumar

Appellant

Smt. Shanta Trivedi

Respondent

National Insurance Company Ltd.

Respondent

Rajasthan Mahila Parishad

Respondent

Procedural Posture

Civil Appeal / Supreme Court Decision on Appeal by Special Leave

Legal Issues

  1. 1 Adequacy of compensation awarded by tribunal and High Court for fatal motor accident
  2. 2 Statutory liability of Insurance Company to file policy

Ratio Decidendi

The appellants are entitled to a sum of Rs.1 lac as compensation for the fatal motor accident, based on the deceased's earnings and life expectancy, and the Insurance Company's liability is limited to Rs.4,000 as admitted and as per the law at the material time.

Court Disposition

Appeal allowed; High Court judgment and decree modified.

Orders

  • Appellants awarded Rs.1 lac in compensation; Insurance Company, respondent No. 4, liable for Rs.4,000; other respondents jointly and severally liable for the remaining amount.
  • Decretal amount to be deposited in Motor Accident Claims Tribunal, Udaipur within two months; in default, outstanding amount to bear interest at 12% per annum till realization.