Supreme Court of India

Minu Rout & Anr. v. Satya Pradyumna Mohapatra & Ors.

Neutral citation
Reported as [2013] 10 S.C.R. 847
Bench G.S. Singhvi and V. Gopala Gowda JJ.
Decided 2 September 2013

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.

4 Supreme Court benches have cited this judgment.

What the Court ordered

For the aforesaid reasons, the findings and reasons recorded by the Tribunal on the. contentious issue No.1 holding that there is contributory negligence on the part of the deceased driver in the absence of legal evidence adduced by the Insurance F Company to prove the plea taken by it that accident did not take place on account of rash and negligent driving of the truck driver is erroneous in law.

Judgment, page 16

From the headnote

Motor Vehicles Act, 1988 - s.166- Compensation claim - Head-on collision between a car and a truck - Driver of the car died - Tribunal held that there was contributory negligence on the part of the deceased in causing the accident, therefore, his dependents i.e. the appellants were entitled to get dependency compensation only to the extent of 50% for the fault of the offending truck - Order affirmed by High Court - On appeal, held: 50% deduction out of the total loss of dependency compensation determined by the Tribunal was not correct - In absence of rebuttal evidence, the Tribunal

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