NITIN v. THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

NITIN Appellant(s)

THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LTD. & ANR. Respondent(s)

1. Leave granted.

2. The appellant before us is the injured claimant.

At the time the accident had occurred, he was a

young man aged 28 years and was practicing as an

Advocate. An objection has been raised on behalf of

the respondent no.1/Insurance Company on the

liability attributable, as well as the quantum of

compensation payable to the appellant.

3. The Motor Accident Claims Tribunal (for short,

the ‘Tribunal’) vide its judgement dated 26.09.2014

had taken note of the fact that pursuant to the

registration of the FIR on 19.04.2011, a chargesheet

had also been filed on 01.07.2011, against the

driver of the offending vehicle, which was owned by

the respondent no.2. Consequently, the Tribunal

awarded a sum of Rs. 25,35,580/- with interest at

the rate of 6 per cent, as compensation payable to

the appellant from the date of the petition till the

date of deposit. The Tribunal was pleased to fix the

consequential liability on the respondent no.1-

Insurance Company.

4. On cross-appeals being preferred by the

appellant as well as the respondent no.1, the High

Court was pleased to examine the issue of liability ...