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C Latha & Ors vs M/S New India Assurance Co Ltd

Supreme Court Of India|15 March, 2013
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JUDGMENT / ORDER

Summary

Issue: Reduction of compensation awarded by the Motor Accident Claims Tribunal (MACT) by the High Court
Rule: The Motor Vehicles Act, 1988
Application: The provision of Section 140 of the Act is applied in the case to determine the liability of the owner of a motor vehicle for death or injury caused by the vehicle.
Conclusion: The application of this provision leads to the restoration of the orders passed by the Motor Accident Claims Tribunal, which is in favor of the appellants.
1. Leave granted.
2. This appeal is directed against the judgment and order passed by the High Court of Karnataka at Bangalore in M.F.A.No.308 of 2004, dated 03.02.2009. By the impugned judgment and order, the High Court has reduced the compensation awarded by the Motor Accident Claims Tribunal (for short 'M.A.C.T.') from Rs. 11 lakhs to Rs.5,38,800/- with interest thereon.
3. We have heard learned counsel for the parties to the lis.
4. In the peculiar facts and circumstances of the case, we are of the firm opinion that there was no reason for the High Court to have reduced the compensation awarded by the M.A.C.T. In that view of the matter, while setting aside the orders passed by the High Court, we restore the orders passed by the M.A.C.T.
5. Appeal is disposed of accordingly. No costs.
. J.
(H.L. DATTU) . J.
(JAGDISH SINGH KHEHAR) NEW DELHI; MARCH 15 , 2013 Page 1
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Title

C Latha & Ors vs M/S New India Assurance Co Ltd

Court

Supreme Court Of India

JudgmentDate
15 March, 2013
Judges
  • H L Dattu
  • Jagdish Singh Khehar

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