In a Motor Accident Claim, Loss suffered by Parents cannot be assessed with arithmetical precision:-

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  In a Motor Accident Claim, Loss suffered by Parents cannot be assessed with arithmetical precision:- The Supreme Court emphasized that determining compensation for a child's death under the Motor Vehicles Act must prioritize fairness and solace over rigid mathematical precision. "The loss suffered by the parents of the deceased cannot be measured with arithmetical precision, and the compensation awarded, viewed holistically, cannot be said to transgress the bounds of 'just compensation' under the MV Act,"  the Court observed. Akash Kumar, a CA Final student, died at 3:00 a.m. when his car struck an unlit, unreflective truck parked negligently on a dark Delhi road. The Tribunal awarded ₹81.21 lakh after finding the truck driver negligent, and following the High Court's affirmation, both the insurer and the claimants appealed to the Supreme Court seeking a reduction and enhancement of the compensation, respectively. Rejecting the insurer’s claim of e...
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Insurance Company not liable to pay compensation:-

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 Insurance Company not liable to pay compensation:-

Insurance Company not liable to pay compensation if the vehicle carrying passengers beyond  the sitting capacity. In the case of  “National Insurance Co.Ltd vs Anjana Shyam & ors’ (2007) 7 SCC-445  the vehicle had only the capacity to carry 42 passengers but at the time of accident but  there were 70 passengers in the bus. So the Insurance Company not compelled to meet the award  beyond the contract of insurance itself. If the premium not paid to the Insurance Company, the Company is not liable to pay compensation 2008 SCC Online Guj-140.

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