VidhiSangh

Supreme Court of India · 31/07/2018

RANI & ORS. versus NATIONAL INSURANCE COMPANY LTD. & ORS.

[2018] 9 S.C.R. 363 · 2018 INSC 652

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

In fatal-accident and injury claims involving a lorry operating outside its permitted State, the Supreme Court required the insurer first to pay the existing compensation awards and then recover from the owner. Further enhancement was refused. Although the High Court’s assumed income in the fatal claim lacked evidentiary support, its Rs.16 lakh award remained undisturbed; the injured claimant’s Tribunal award also stood.

Issues

  1. Whether the insurer should pay the third-party awards with recovery rights against the owner.
  2. Whether either claimant was entitled to further enhanced compensation.

Held

Result

Appeals partly allowed. Insurer to pay the Rs.16 lakh fatal-claim award and Rs.1,72,700 injury award with awarded interest, then recover from the owner. The injury award’s future medical expenses remained without interest. No further enhancement; no costs.

Judgment PDF: Supreme Court of India, [2018] 9 S.C.R. 363.