Friday, 31 January 2025

Supreme Court: What should be the distinction between approach of court while granting compensation under Motor vehicles Act and compensation for tortious liability?

Furthermore, Motor Vehicles Act of 1988 is a beneficial

 and welfare legislation Ningamma v United India Insurance Co. Ltd., (2009) 13 SCC 710  that seeks to provide

compensation as per the contemporaneous position of an

 individual which is essentially forward-looking. Unlike

tortious liability, which is chiefly concerned with making up

for the past and reinstating a claimant to his original

position, the compensation under the Act is concerned with

providing stability and continuity in peoples' lives in the

 future. See Peter Cane, Atiyah’s Accidents, Compensation and the Law (7th Edition, Cambridge University Press, 2006) Keeping the abovementioned principles in the backdrop, we now move on to the facts at hand. {Para 12}

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

 CIVIL APPEA L NOS. 1162 - 1163 OF 2025

S. VISHNU GANGA & ORS Vs M/S ORIENTAL INSURANCE COMPANY LIMITED.

Author: AHSANUDDIN AMANULLAH, J.

Citation:  2025 INSC 123.

Citation: JANUARY 29, 2025.

Read full Judgment here: Click here.

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