Supreme Court of India

National Insurance Company Ltd. v. Kusuma and Anr.

Neutral citation
Reported as [2011] 10 S.C.R. 546
Bench D.K. Jain and R.M. Lodha JJ.
Decided 23 August 2011

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We are of the opinion that at this juncture it would be too harsh to direct the claimants to undergo the entire gamut of a fresh F exercise under Section 168 of the Act.

Judgment, page 11

From the headnote

Motor Vehicles Act, 1988 - ss. 166 and 168 - Assessment of quantum of compensation - Meaning of the word "jusf' as appearing in s. 168 - Loss of foetus on account of injury sustained by the claimant-mother in an accident - Claim petition - Tribunal held that loss of foetus was akin to death of a child of tender age and awarded compensation of Rs. 50, 0001- towards loss of unborn child and a further sum of Rs.10,0001-towards pain and sufferings to the claimant- High Court enhanced compensation to a consolidated amount of Rs. 1, 80, 0001- - On appeal, held: s. 168 casts an obligation on the

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