VidhiSangh

Supreme Court of India · 09/02/2018

ARCHIT SAINI AND ANR. versus THE ORIENTAL INSURANCE COMPANY LTD. AND ORS.

[2018] 1 S.C.R. 626 · 2018 INSC 128

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Summary

The Supreme Court removed a 50% contributory-negligence deduction from motor-accident compensation. The Tribunal had reasonably found the tanker driver solely negligent for parking without warning lights in the road at night. The High Court gave no adequate reason to overturn that evidence-based finding. The claimants remained entitled to the High Court’s enhancement in full, without the negligence deduction.

Issues

  1. Whether the High Court properly reversed the Tribunal’s negligence finding and deducted half the compensation.

Held

Result

Appeals allowed in the stated terms, without costs. Claimants entitled to the enhanced compensation determined by the High Court in full, without deduction for contributory negligence.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 626.