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ARTICLE · 25 APRIL 2019

Case Law Analysis: Ramla v. National Insurance Company Limited

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Case law analysis on the judgment passed by the Supreme Court in the case titled as "Ramla v. National Insurance Company Limited", Civil Appeal No. 11495 of 2018, Special Leave to Appeal (C) No.22334 of 2017.

IndiaLitigation, Mediation & Arbitration
Ruchika Darira
Ruchika Darira
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Case law analysis on the judgment passed by the Supreme Court in the case titled as "Ramla v. National Insurance Company Limited", Civil Appeal No. 11495 of 2018, Special Leave to Appeal (C) No.22334 of 2017.

Through a bench comprising of Justice N.V. Ramana and Justice M.M. Shantanagoudar, the Hon'ble Supreme Court has held that there is no restriction in awarding compensation over and above/ exceeding the amount claimed under Section 168 of Motor Vehicles Act, 1988.

Facts of the case

In the present case, claimants before the Hon'ble Supreme Court were seeking further enhancement of compensation from Rs. 21,53,000/- awarded by the High Court of Kerala at Ernakulam.

The claimants were the dependents i.e the wife, two children, and an aged father of the deceased who succumbed to death due to grievous injuries in an accident in the year 2008. Initially, the claimants moved a claim petition before the Motor Accidents Claim Tribunal seeking a total compensation

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