- Case
- SRIKRISHNA KANTA SINGH v. THE ORIENTAL INSURANCE COMPANY LTD. (Supreme Court of India, 25-03-2025)
- Law
- Motor Vehicles Act.
Motor Vehicles Act, 1988: The judgment discusses Section 166 of the Motor Vehicles Act, 1988, under which the claimant filed an application for compensation. The judgment also mentions Section 140 of the Act, stating that the amounts awarded, after deducting ₹25,000/- received under this section, shall be paid to the appellant with 7% simple interest.
General Principles of Law: The judgment discusses the principle of contributory negligence, examining whether the Tribunal and High Court erred in finding contributory negligence on the part of the scooter driver. It also touches upon the standard of proof required in motor accident claims, stating that it is the preponderance of probabilities. The judgment also discusses the concept of 'prima facie' negligence.
