Motor Accident Claims - Reliance Can't Be Placed On Minimum Wages Notification When There Is Positive Evidence Regarding Income : Supreme Court
2 years, 5 months ago

Motor Accident Claims - Reliance Can't Be Placed On Minimum Wages Notification When There Is Positive Evidence Regarding Income : Supreme Court

Live Law  

The Supreme Court recently held that a notification issued under the Minimum Wages Act can only be a guiding factor in determining the income of the deceased in a motor accident claims case. When there is positive evidence regarding the income, reliance cannot be placed on minimum wages notification.In this case, the Supreme Court was considering an appeal filed by the claimants against. The reason assigned by the High Court to reduce the monthly income of the deceased is totally cryptic and has no rationale" The bench comprising Justices Surya Kant and MM Sundresh further stated : "The Notification of Minimum Wages Act can be a guiding factor only in a case where there is no clue available to evaluate monthly income of the deceased. Case Title : Gurpreet Kaur and others versus United India Insurance Company and others Citation : 2022 LiveLaw 821 Motor Accident Claims - Motor Vehicles Act 1988 - Section 168 - The Notification of Minimum Wages Act can be a guiding factor only in a case where there is no clue available to evaluate monthly income of the deceased.

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History of this topic

Motor Accident Claim | Compensation Can't Be Reduced Merely Because Dependents Took Over Business Of Deceased : Supreme Court
1 month, 2 weeks ago

Motor Accident Claim | Compensation Can't Be Reduced Merely Because Dependents Took Over Business Of Deceased : Supreme Court

Live Law  

The Supreme Court ruled that the takeover of the deceased persons' business by dependents does not justify reducing motor accident compensation. The High Court reduced these to ₹26.68 lakh and ₹19.22 lakh, citing minimal financial loss as the daughters had taken over the business, prompting them to appeal to the Supreme Court. The Court considered whether the High Court was …

Motor Accident Claims - Tax Returns Can Be Accepted To Determine Income Only If They Are Appropriately Produced : Supreme Court
2 months, 2 weeks ago

Motor Accident Claims - Tax Returns Can Be Accepted To Determine Income Only If They Are Appropriately Produced : Supreme Court

Live Law  

The Supreme Court, recently, while deciding a motor accident compensation claim case, observed that monthly income could be fixed after taking into account the tax returns. It reasoned that “Monthly income could be fixed taking into account the tax returns only if the details of payment of tax are appropriately brought into evidence so as to enable the Tribunal/Court to …

Motor Accident Compensation| Supreme Court Allows Compensation In Excess Of Claim On Payment Of Additional Court Fee
7 months, 2 weeks ago

Motor Accident Compensation| Supreme Court Allows Compensation In Excess Of Claim On Payment Of Additional Court Fee

Live Law  

Recently, the Supreme Court reiterated that there's no restriction upon the Motor Accident Claim Tribunal to award compensation exceeding the amount claimed by the claimant. The Court said that if the claimant is entitled to a higher amount than claimed, than he's entitled to be paid the actual compensation as determined by the court.The bench comprising Justices PS Narasimha. reported …

MV Act | Minimum Wage Can't Be Only Factor To Determine Compensation Payable To Claimant: Punjab & Haryana High Court
11 months, 2 weeks ago

MV Act | Minimum Wage Can't Be Only Factor To Determine Compensation Payable To Claimant: Punjab & Haryana High Court

Live Law  

The Punjab & Haryana High Court has said that the Minimum Wages Act cannot be the only factor in determining the compensation payable to the claimants in motor accidents.Justice Alka Sarin said, "No doubt minimum wages notification is a yardstick which is often used, however, the same cannot be the only factor to determine the compensation payable to the claimants. …

'Deceased Was Multi Tasking, Not Doing 9-5 Job' : Supreme Court Enhances Motor Accident Compensation
1 year ago

'Deceased Was Multi Tasking, Not Doing 9-5 Job' : Supreme Court Enhances Motor Accident Compensation

Live Law  

The Supreme Court recently enhanced the compensation in a motor accident claim after taking note of the fact that the deceased was deriving income from multiple jobs. Considering his age at the time of death as 52 years on the date of accident, the applicable multiplier would be as per the judgment of this Court in Sarla Verma and others …

Motor Accident Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme Court
1 year, 6 months ago

Motor Accident Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme Court

Live Law  

The Supreme Court has reinstated an award originally granted by the Motor Accidents Claim Tribunal. More so in a circumstance, where the MACT had referred to the evidence available on record and then arrived at its conclusion, the re-appreciation of evidence by the High Court is without being sensitive to nature of lis before it.” The Supreme Court bench comprising …

Motor Accident Claim | Physical Disability Must Be Assessed With Reference To Victim's Nature Of Work : Supreme Court
1 year, 8 months ago

Motor Accident Claim | Physical Disability Must Be Assessed With Reference To Victim's Nature Of Work : Supreme Court

Live Law  

The Supreme Court on Tuesday observed that in cases of motor accident claims, the physical disability caused due to an accident must be judged with reference to the nature of the work being done by the injured for assessing award of compensation. 2 SCC 267 a division bench of Justice Abhay S. Oka and Justice Rajesh Bindal observed that “.any …

Minimum Wages Notification Can Be Considered To Determine Notional Income Of Deceased In Motor Accident Compensation Claims : Supreme Court
2 years, 4 months ago

Minimum Wages Notification Can Be Considered To Determine Notional Income Of Deceased In Motor Accident Compensation Claims : Supreme Court

Live Law  

The Supreme Court observed that 'minimum wages notification' can be considered to determine the notional income of deceased in motor accident claim cases.As per the claimants, the Deceased was a fish vendor­ cum­ driver and was earning at least Rs. The Supreme Court observed that 'minimum wages notification' can be considered to determine the notional income of deceased in motor …

Motor Accident Claims - Just Compensation Exceeding The Claimed Amount Can Be Awarded: Supreme Court
2 years, 6 months ago

Motor Accident Claims - Just Compensation Exceeding The Claimed Amount Can Be Awarded: Supreme Court

Live Law  

The Supreme Court observed that Motor Accident Compensation exceeding the claimed amount can be awarded.In the matter of compensation, the amount actually due and payable is to be awarded despite the claimants having sought for a lesser amount and the claim petition being valued at a lesser value, the bench comprising Justices observed.In this case, the Motor Accident Claims Tribunal …

Motor Accident | Failure To Produce Evidence Of Deceased's Income Does Not Justify Adoption Of Lowest Tier Of Minimum Wage: Himachal Pradesh HC
2 years, 7 months ago

Motor Accident | Failure To Produce Evidence Of Deceased's Income Does Not Justify Adoption Of Lowest Tier Of Minimum Wage: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court recently observed that merely because the claimants were unable to produce documentary evidence to show the monthly income of the deceased, the same should not justify adoption of lowest tier of minimum wage while computing the income. The Tribunal had assessed deceased's monthly income as 10,000/- whereas the Appellant argued that in absence of any …

Motor Accident Claims - Potential To Earn Can Be Considered To Determine Compensation If There Is No Evidence For Actual Income : Supreme Court
3 years, 3 months ago

Motor Accident Claims - Potential To Earn Can Be Considered To Determine Compensation If There Is No Evidence For Actual Income : Supreme Court

Live Law  

The Supreme Court has held that even if there is no evidence on record of actual income, deceased person's potential to earn can be considered while considering insurance claims in motor accidents matter. The Motor Accidents Claims Tribunal, Ranchi in its judgement assessed the "future loss of income" of the deceased at Rs.20,000/month and on that basis arrived at a …

Motor Accidents Claim - Minimum Wage Notification Not An Absolute Yardstick To Fix Income Of Deceased In Absence Of Salary Certificate : Supreme Court
3 years, 5 months ago

Motor Accidents Claim - Minimum Wage Notification Not An Absolute Yardstick To Fix Income Of Deceased In Absence Of Salary Certificate : Supreme Court

Live Law  

While deciding on compensation to be paid in a case of motor vehicle accident, Supreme Court has observed that merely because claimants were unable to produce documentary evidence to show the monthly income of the deceased, the same does not justify adoption of lowest tier of minimum wage while computing the income. "In absence of salary certificate the minimum wage …

Motor Accident Claim Petition Does Not Abate On Death Of Injured Claimant: Supreme Court
3 years, 7 months ago

Motor Accident Claim Petition Does Not Abate On Death Of Injured Claimant: Supreme Court

Live Law  

The Supreme Court observed that a motor accident claim petition does not abate even after the death of the injured claimant.The right to sue survive to his heirs and legal representatives in so far as loss to the estate is concerned, the bench comprising Justices Navin Sinha and R. Subhash Reddy.The court added that the loss of estate would include …

Motor Accident Compensation- Future Prospects Can Be Granted Even In Cases Pertaining To Notional Income: Supreme Court
4 years, 2 months ago

Motor Accident Compensation- Future Prospects Can Be Granted Even In Cases Pertaining To Notional Income: Supreme Court

Live Law  

The Supreme Court has held that future prospects can be granted even in cases pertaining to notional income.The court observed thus while disposing an appeal arising out of Motor Accident Compensation Claim filed by heirs of a deceased couple who died in an accident. The Supreme Court has held that future prospects can be granted even in cases pertaining to …

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