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 compensation figure of Rs. The impugned judgement held that: "this Court is of the opinion that without any evidence with regard to income and only on the basis of oral statement income of the deceased was considered by the learned Tribunal to the tune of Rs.20,000/- is not just and proper, though there no contrary evidence was brought by Insurance Company nor cross-examination has been done by the Insurance Company, but the learned Tribunal ought to have been very reasonable in granting compensation as the same cannot be bonanza rather the same must be just and fair compensation." Before the Supreme Court, the Respondent-Insurance Company argued that there was no documentary evidence produced on record to show that Rs.20,000/ month was the actual income of the deceased at the time of death.

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History of this topic

Andhra Pradesh High Court Lays Down Parameters For Disputing Negligence In Motor Vehicle Accident Claims Cases
2 weeks, 1 day ago

Andhra Pradesh High Court Lays Down Parameters For Disputing Negligence In Motor Vehicle Accident Claims Cases

Live Law  

A Single Judge Bench of the Andhra Pradesh High Court comprising Justice A. Hari Haranadha Sarma, while dealing with an appeal contesting the sustainability of an award and decree passed by the Additional District Judge-cum-Motor Accidents Claims Tribunal, Ongole, laid down certain advisory parameters to be followed in Motor Vehicle Accident claims cases while disputing negligence. The order of the …

₹18-lakh relief for family of Ambala man killed in mishap
3 weeks, 5 days ago

₹18-lakh relief for family of Ambala man killed in mishap

Hindustan Times  

Nearly nine years after a 28-year-old man was killed after a speeding car hit his vehicle in Ambala in 2016, the Motor Accident Claims Tribunal has awarded his family a compensation of ₹18.34 lakh. The car driver, Manish Kumar, who lives in Ambala, owner Narinder Singh of Karnal and United India Insurance Company were made opposite parties. After hearing arguments …

Compensation to three electricity accident victims upheld
1 month, 1 week ago

Compensation to three electricity accident victims upheld

The Hindu  

A division bench of the High Court of Karnataka has upheld the ruling of a single judge who directed electricity distribution and supply companies to pay ₹1.28 crore as compensation to victims, including two minors, of three electricity accidents during 2017-18. The division bench passed the order while dismissing the appeals filed by the Karnataka Power Transmission Corporation Ltd and …

MV Act | 'Victim Deprived Of Compensation For Over 20 Yrs, Our System Responsible For Delay': Punjab & Haryana HC Awards ₹1.3 Crore As Damages
1 month, 1 week ago

MV Act | 'Victim Deprived Of Compensation For Over 20 Yrs, Our System Responsible For Delay': Punjab & Haryana HC Awards ₹1.3 Crore As Damages

Live Law  

Observing that the judicial system needs self-assessment as it was "responsible" for a delay of 24 years to decide "just compensation" to a road accident victim suffering pelvic fracture urethral injury, the Punjab and Haryana High Court has awarded the claimant Rs.1.3 Crores in compensation. The Court enhanced the compensation from Rs.7 lakhs awarded by the Tribunal to Rs.1.3 Crores …

Mohali: ₹6.8-lakh relief for kin of scooterist killed in mishap
1 month, 1 week ago

Mohali: ₹6.8-lakh relief for kin of scooterist killed in mishap

Hindustan Times  

Over a year after speeding tipper truck claimed the life of a 62-year-old scooterist in a road accident in 2023, a local court on Friday awarded ₹6.8 lakh as compensation to his bereaved family. The untimely death of the deceased shattered his family members’ lives and caused them significant mental anguish, the Mohali court was informed. In their response, the …

Hyderabad Tribunal orders Rs 24 lakh compensation to family of road accident victim
1 month, 2 weeks ago

Hyderabad Tribunal orders Rs 24 lakh compensation to family of road accident victim

New Indian Express  

HYDERABAD: The Motor Accidents Claims Tribunal, Secunderabad, recently directed Tata AIG General Insurance Company, along with the owner and driver of a tipper truck, to pay `24 lakh in compensation to the family of a man who died in a road accident on October 5, 2019, at Medchal. The company stated that the tipper’s owner, Singi Election Reddy, had obtained …

Legal Heirs Of Deceased Driver Entitled To Compensation Under Personal Accident Cover Even If Driver Was At Fault: Jharkhand High Court
1 month, 3 weeks ago

Legal Heirs Of Deceased Driver Entitled To Compensation Under Personal Accident Cover Even If Driver Was At Fault: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that the legal heirs of a deceased driver are entitled to compensation under the personal accident cover of an insurance policy, even when the driver himself was at fault for the accident. 2 lakhs and if such a situation is there, certainly the deceased entered into the shoes of the owner.” The court clarified …

Motor Accident Claim | Compensation Can't Be Reduced Merely Because Dependents Took Over Business Of Deceased : Supreme Court
1 month, 4 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 …

[MV Act] Family Pension Paid To Deceased's Family Can't Be Deducted While Calculating Compensation: Delhi High Court
2 months ago

[MV Act] Family Pension Paid To Deceased's Family Can't Be Deducted While Calculating Compensation: Delhi High Court

Live Law  

The Delhi High Court has observed that the family pension being received by legal heirs of a deceased cannot be considered for calculating compensations towards 'Loss of Dependency' payable under the Motor Vehicles Act. At the outset, the High Court remarked that monetary compensation has to be granted in a just and fair manner so as to alleviate any financial …

[Motor Accident Claims] Legal Heirs Are Entitled To Compensation For 'Pain And Suffering' Endured By Deceased: Kerala High Court
2 months ago

[Motor Accident Claims] Legal Heirs Are Entitled To Compensation For 'Pain And Suffering' Endured By Deceased: Kerala High Court

Live Law  

The Kerala High Court has held that legal heirs are entitled to claim compensation for 'pain and suffering' endured by a deceased motor accident victim. On the other hand, the respondents argued that legal heirs of a deceased person are not entitled to claim compensation for pain and suffering felt by the latter. Coming to the dispute regarding award of …

High Court enhances compensation to parents of girl who died in road accident
2 months, 1 week ago

High Court enhances compensation to parents of girl who died in road accident

The Hindu  

The High Court of Karnataka has enhanced from ₹15.07 lakh to ₹35.53 lakh the compensation to be paid to the parents of a 20-year-old engineering student who died after a BMTC bus knocked her down in 2015. Negligence of driver Both the parents and the BMTC had questioned the order passed by the Motor Accident Claims Tribunal, Bengaluru, which had …

Average Income Of Previous Years No Basis For Compensation: Jharkhand HC Upholds Reliance On Deceased's Last Earned Salary In Accident Case
2 months, 2 weeks ago

Average Income Of Previous Years No Basis For Compensation: Jharkhand HC Upholds Reliance On Deceased's Last Earned Salary In Accident Case

Live Law  

The Jharkhand High Court, in its judgment delivered in a Miscellaneous Appeal, held that the average income of previous financial years cannot be the basis for computing compensation in motor accident claims. Sarla Verma and Ors vs Delhi Transport Corporation and Anr., which provides, “the deduction towards personal and living expenses of the deceased, should be one-third where the number …

Motor Accident Claims - Tax Returns Can Be Accepted To Determine Income Only If They Are Appropriately Produced : Supreme Court
2 months, 3 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 …

Supreme Court Yearly Digest 2024: Motor Vehicles Act, 1988
Trending News
2 months, 4 weeks ago

Supreme Court Yearly Digest 2024: Motor Vehicles Act, 1988

Live Law  

Motor accident compensation – Assessment of compensation on the basis of income of deceased – The Motor Vehicles Act, 1988 provides for assessment of just and fair compensation. Jaswinder Singh v. New India Assurance Company Ltd., 2024 LiveLaw 190 Section 161 - Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022 - If the Police conclude that it …

Supreme Court Yearly Digest 2024: Motor Vehicles Act, 1988
Trending News
2 months, 4 weeks ago

Supreme Court Yearly Digest 2024: Motor Vehicles Act, 1988

Live Law  

Motor accident compensation – Assessment of compensation on the basis of income of deceased – The Motor Vehicles Act, 1988 provides for assessment of just and fair compensation. Jaswinder Singh v. New India Assurance Company Ltd., 2024 LiveLaw 190 Section 161 - Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022 - If the Police conclude that it …

Burden Of Proof On Vehicle Owner To Establish Driver's Valid License: Jharkhand High Court Sets Aside ₹6.63 Lakh Compensation Award
3 months ago

Burden Of Proof On Vehicle Owner To Establish Driver's Valid License: Jharkhand High Court Sets Aside ₹6.63 Lakh Compensation Award

Live Law  

The Jharkhand High Court has clarified the burden of proof regarding liability in motor vehicle accident claims, observing that the owner of the offending vehicle must prove that the vehicle was being driven with a valid and effective driving license. Justice Subhash Chand, presided over the case and noted, “The very burden of proof lies upon the owner of the …

“There Has Been An Increase In Inflation:" J&K High Court Emphasises Revising 'Notional Income' Under Second Schedule Of Motor Vehicles Act
3 months ago

“There Has Been An Increase In Inflation:" J&K High Court Emphasises Revising 'Notional Income' Under Second Schedule Of Motor Vehicles Act

Live Law  

Recognising the impact of inflation and the devaluation of currency over the years the Jammu and Kashmir and Ladakh High Court has emphasised the need to revise the notional income of non-earning persons as stipulated in the Second Schedule of the Motor Vehicles Act, 1988. The court reasoned, “The income of a non-earning person, as specified in the Second Schedule, …

Jharkhand HC Reduces Interest Rate, Compensation By MACT To Family Of Deceased 50-Year-Old, Cites Excessive Award Under Conventional Head
3 months ago

Jharkhand HC Reduces Interest Rate, Compensation By MACT To Family Of Deceased 50-Year-Old, Cites Excessive Award Under Conventional Head

Live Law  

The Jharkhand High Court has slashed the interest rate on compensation awarded to the family of a 50-year-old barber who was struck by a mini-bus, ruling that the 12% annual interest granted by the Motor Accident Claims Tribunal, Dumka, was excessive. Justice Subhash Chand, presiding over the case, reduced the interest rate to 7.5%, stating, “The impugned Award passed by …

Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs
3 months, 2 weeks ago

Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs

Live Law  

The Supreme Court recently awarded Rs 50,87,000/- as compensation to a claimant for the mental and physical disabilities suffered by her due to a motor vehicle accident that occurred when she was just 7 years old. The Motor Accidents Claims Tribunal awarded a compensation of Rs.5,90,750 in 2009, which the Delhi High Court enhanced to Rs 11,51,000 in 2017. Instead …

What Should Be The Notional Income Of A 5-Yr-Old Minor In A Motor Accident Claim? Kerala High Court Answers
4 months ago

What Should Be The Notional Income Of A 5-Yr-Old Minor In A Motor Accident Claim? Kerala High Court Answers

Live Law  

The Kerala High Court has fixed the notional income at rupees 17, 325 per month for a 5-year-old minor boy, who has been in a state of paraparesis and lost his childhood since a 2016 accident. Relying upon the Apex Court decision in Mater Ayush and provisions of the Minimum Wages Act, the Court fixed the notional income as 17, …

Motor Accident Compensation - Supreme Court Awards Rs 15 Lakhs As Compensation For 'Pain & Suffering' To Claimant With 100% Disability
4 months ago

Motor Accident Compensation - Supreme Court Awards Rs 15 Lakhs As Compensation For 'Pain & Suffering' To Claimant With 100% Disability

Live Law  

Dealing with the case of a motor accident injured, the Supreme Court recently analyzed the jurisprudence on "pain and suffering" and enhanced the amount of compensation awarded - beyond what was prayed for.A bench of Justices CT Ravikumar and Sanjay Karol, allowing the appeal of the injured-appellant, awarded. Dealing with the case of a motor accident injured, the Supreme Court …

Jharkhand High Court Awards Compensation Under 'Future Prospects' Head For Death Of 33-Year-Old Homemaker In Motor Accident
4 months, 1 week ago

Jharkhand High Court Awards Compensation Under 'Future Prospects' Head For Death Of 33-Year-Old Homemaker In Motor Accident

Live Law  

While enhancing the compensation awarded to the family of a 33-year-old woman who died on the spot in a road accident, the Jharkhand High Court observed that future prospects must be factored into the assessment of her contribution to the household. Referring to judgments on the aspect of awarding compensation for future prospects Justice Subhash Chand in its order observed, …

[Motor Accident] Adverse Inference Can Be Drawn Against Insurer On Failure To Rebut Evidence: Jharkhand HC Upholds ₹11.45 Lakh Compensation
4 months, 1 week ago

[Motor Accident] Adverse Inference Can Be Drawn Against Insurer On Failure To Rebut Evidence: Jharkhand HC Upholds ₹11.45 Lakh Compensation

Live Law  

The Jharkhand High Court has upheld the award of ₹11,45,932 granted by the Motor Accident Claims Tribunal, Dhanbad, to the widow of a carpenter who succumbed to injuries sustained in a fatal motorcycle accident. The court emphasised that failure of the insurance company to summon key witnesses or rebut the evidence presented by the claimants resulted in an adverse inference …

Cannot Compute Income Of 18-Yr-Old Accident Victim Based On Wages Of Unskilled Labour, Wages Of Semi-Skilled Labour To Be Considered: Rajasthan HC
4 months, 1 week ago

Cannot Compute Income Of 18-Yr-Old Accident Victim Based On Wages Of Unskilled Labour, Wages Of Semi-Skilled Labour To Be Considered: Rajasthan HC

Live Law  

In an appeal filed against an award passed by the Motor Accidents Claims Tribunal, the Jodhpur bench of Rajasthan High Court held that irrespective of there being no evidence on record to show that the deceased was employed, computing the income of an 18 year old based on minimum wages of an unskilled labour was unjustified. The bench of Justice …

Notional Income Of Ordinary Worker Must Be Determined Based On Fair Wages At Time Of Awarding Compensation: Kerala High Court
4 months, 2 weeks ago

Notional Income Of Ordinary Worker Must Be Determined Based On Fair Wages At Time Of Awarding Compensation: Kerala High Court

Live Law  

The Kerala High Court has observed that the notional income of an ordinary worker has to be fixed after considering the fair wages applicable at the time of calculating the compensation and not based on his earning capacity at the time of the accident. Justice Johnson John stated that earning less than fair wages at the time of the accident …

Income Tax Return Is Statutory Document, Holds Precedence Over Salary Certificate When Determining Compensation Under MV Act: Rajasthan HC
4 months, 2 weeks ago

Income Tax Return Is Statutory Document, Holds Precedence Over Salary Certificate When Determining Compensation Under MV Act: Rajasthan HC

Live Law  

Rajasthan High Court has affirmed that if there are two documents for ascertaining the income of the deceased including a salary certificate from his/her employer and his/her Income Tax Returns, the latter shall be considered by the Court since these are statutory documents signed by the deceased himself/herself. It was submitted that as per the salary certificate provided by the …

Motor Accident Compensation| Supreme Court Allows Compensation In Excess Of Claim On Payment Of Additional Court Fee
7 months, 3 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 …

Telangana HC Enhances Accident Compensation to Rs 41.4 Lakh Despite Negligence
10 months ago

Telangana HC Enhances Accident Compensation to Rs 41.4 Lakh Despite Negligence

Deccan Chronicle  

Hyderabad: Justice Namavarapu Rajeshwar Rao of the Telangana High Court, applying the principle of just compensation, granted more than the amount as compensation in a motor accident case. The RTC contested the matter, the Motor Accidents Tribunal at Hyderabad assessed the compensation at Rs 10 lakh and after deducting 25 per cent of the amount towards contributory negligence on the …

Over 10 lakh motor accident claims worth ₹80,455 crore pending nationwide, reveals RTI
10 months ago

Over 10 lakh motor accident claims worth ₹80,455 crore pending nationwide, reveals RTI

Hindustan Times  

As many as 10,46,163 motor accident claims worth ₹80,455 crore are pending across the country and their numbers have increased constantly between 2018-19 and 2022-23, according to an information received through RTI Act. In his query to the Ministry of Road Transport and Highways, Jain had sought to know the total number of motor accident claims pending in the country …

Road accident: 10.46 lakh motor mishap claims worth Rs 80,455 crore pending nationwide, reveals RTI
10 months ago

Road accident: 10.46 lakh motor mishap claims worth Rs 80,455 crore pending nationwide, reveals RTI

India TV News  

An RTI report stated that as many as 10,46,163 motor accident claims worth Rs 80,455 crore are pending across the country and their numbers have increased constantly between 2018-19 and 2022-23. The Insurance Regulatory and Development Authority of India in response to the query filed by Supreme Court advocate KC Jain in April, stated that the end of the financial …

Documents issued by consular office can be proof for foreign employment, says Madras HC
10 months, 2 weeks ago

Documents issued by consular office can be proof for foreign employment, says Madras HC

New Indian Express  

MADURAI: The Madurai Bench of the Madras High Court recently observed that any document authenticated by the respective diplomatic and consular officer of a foreign country can be admitted as evidence in a case, even without the seal or sign of the employer, when the victim has met with an accident on Indian soil. A division bench of Justices RMT …

Jeep owner to pay ₹40 lakh to accident victim’s family
11 months, 1 week ago

Jeep owner to pay ₹40 lakh to accident victim’s family

Hindustan Times  

MUMBAI: The Motor Accident Claims Tribunal last week directed a pick-up jeep owner to pay ₹40 lakh to the family of a 30-year-old Thane resident who died in 2018 after the pick-up jeep rammed into his motor jeep on the Murbad-Kalyan Highway. The incident occurred around 8am on January 30 when Pradeepkumar Saroj reached Bapsai village in Thane district, a …

Workmen's Compensation Act | Eligibility For Claim In Case Of Death Depends On Ability To Prove Accident Arose Out Of & In Course Of Employment: J&K High Court
11 months, 3 weeks ago

Workmen's Compensation Act | Eligibility For Claim In Case Of Death Depends On Ability To Prove Accident Arose Out Of & In Course Of Employment: J&K High Court

Live Law  

Delineating the critical importance of establishing a causal connection between accidents and employment in workmen's compensation claims the Jammu and Kashmir and Ladakh High Court has ruled that in case of an employee's death, claimants must demonstrate a clear link between the accident and the course of employment to be eligible for compensation under Section 3 of the Workmen Compensation …

'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 …

No Evidence Of Contributory Negligence: Calcutta HC Directs Rs 40 Lakhs Additional Compensation For Family Of Man Who Fell From Bus & Died Due To Rash Driving
1 year, 1 month ago

No Evidence Of Contributory Negligence: Calcutta HC Directs Rs 40 Lakhs Additional Compensation For Family Of Man Who Fell From Bus & Died Due To Rash Driving

Live Law  

The Calcutta High Court has directed the insurance company to pay an additional compensation of Rs 40,08,687 at 6% per annum, to the relatives of a man who was killed after being thrown from the front gate of a bus he had boarded, due to the rash and negligent driving of the bus driver.In allowing the appeal against the order …

Motor Accident Claims | Arrears Cannot Be Included In Calculation Of Salary For The Purpose Of Compensation: Bombay High Court
1 year, 3 months ago

Motor Accident Claims | Arrears Cannot Be Included In Calculation Of Salary For The Purpose Of Compensation: Bombay High Court

Live Law  

The Bombay High Court recently held that arrears cannot be considered while calculating a person's salary for the purpose of compensation for a motor accident. Justice Shivkumar Dige, while upholding enhancement of compensation to the family of a deceased in an accident, deducted the amount of arrears mentioned in his salary slip while calculating monthly income. The court was dealing …

Advocate's Movement Between Courts Affected By Lower Limb Disability, Impacts Income: Karnataka HC Enhances Motor Accident Compensation
1 year, 6 months ago

Advocate's Movement Between Courts Affected By Lower Limb Disability, Impacts Income: Karnataka HC Enhances Motor Accident Compensation

Live Law  

The Karnataka High Court has enhanced the compensation awarded to an advocate by the Motor Accidents Claim Tribunal, stating that the disability of lower limb certainly hinders her ability to efficiently serve clients and move quickly between courts, potentially impacting her income and professional responsibilities. The Karnataka Government Insurance Department opposed the plea and sought a reduction in the compensation …

Mumbai: Motor Accident Claims Tribunal awards Rs 1.36 cr compensation to kin of man killed in road accident
1 year, 7 months ago

Mumbai: Motor Accident Claims Tribunal awards Rs 1.36 cr compensation to kin of man killed in road accident

India TV News  

A family of a deceased who died in a road accident in Thane won a case in the Motor Accident Claims Tribunal in which the accused and his insurance company were ordered to provide compensation of more than Rs 1.36 crore to the petitioner. The deceased's family, including his wife, parents and sister, contended that the accident took place "due …

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 …

Circumvented Round-About To Take Immediate Turn: Karnataka High Court Reduces Compensation Citing Contributory Negligence Of Deceased
1 year, 11 months ago

Circumvented Round-About To Take Immediate Turn: Karnataka High Court Reduces Compensation Citing Contributory Negligence Of Deceased

Live Law  

The Karnataka High Court has said that the onus is on the claimants to prove that there was rash and negligent driving only by the alleged offending vehicle driver causing the accident. To which the bench said “The evidence of the alleged eye witness when read with the spot sketch at would go to show that, the deceased has not …

Delhi High Court Awards Over ₹65 Lakh Enhanced Compensation To Road Accident Victim With 100% Functional Disability; Total ₹1.12 Crore
1 year, 11 months ago

Delhi High Court Awards Over ₹65 Lakh Enhanced Compensation To Road Accident Victim With 100% Functional Disability; Total ₹1.12 Crore

Live Law  

The Delhi High Court has awarded over Rs. 65 lakh enhanced compensation to a woman who met with a motor-vehicular accident in 2011 when she was an 11-year-old school going girl. The court was hearing two appeals moved by Jyoti Singh as well as the ICICI Lombard General Insurance Corporation Limited challenging the compensation awarded by the MACT in 2011. …

Motor Accident Tribunal Should Grant ₹1 Lakh Compensation For Upto 10% Permanent Disability Suffered By Minor: Gujarat High Court Reiterates
2 years, 2 months ago

Motor Accident Tribunal Should Grant ₹1 Lakh Compensation For Upto 10% Permanent Disability Suffered By Minor: Gujarat High Court Reiterates

Live Law  

The Gujarat High Court recently modified the judgment and award granted by the Motor Accident Claims Tribunal on the ground that the tribunal had not complied with the directions issued by the Supreme Court, prescribing Rs. 1 lakh compensation for a minor who sustains upto 10% permanent disability in a motor accident. Dwivedi submitted that the said award granted by …

Claimants' Socio-Economic Background Should Be Considered While Awarding Motor Accident Compensation In Permanent Disability Cases : Supreme Court
2 years, 3 months ago

Claimants' Socio-Economic Background Should Be Considered While Awarding Motor Accident Compensation In Permanent Disability Cases : Supreme Court

Live Law  

Socio-economic background of the claimants must be considered while awarding compensation in cases of permanent disability caused due to motor accidents, the Supreme Court observed in a judgment delivered today.The bench of Justices Krishna Murari and S. Ravindra Bhat observed thus while allowing appeal filed by a claimant seeking enhancement of motor accident. Socio-economic background of the claimants must be …

Minimum Wages Notification Can Be Considered To Determine Notional Income Of Deceased In Motor Accident Compensation Claims : Supreme Court
2 years, 5 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 - 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 …

Motor Accident Claim - Dependents Entitled To Compensation For Loss Of Income Even If They Inherited Businesses & Properties Of Deceased : Supreme Court
2 years, 5 months ago

Motor Accident Claim - Dependents Entitled To Compensation For Loss Of Income Even If They Inherited Businesses & Properties Of Deceased : Supreme Court

Live Law  

The Supreme Court has held that motor accident compensation need not be reduced for the sole reason that that the business ventures and properties of the deceased were bequeathed to the claimants.In this case, the Deceased was a businessman in diverse areas and also drew income from his agricultural lands and leased out real estate. It consequently went on to …

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 Death | Compensation Must Balance Fiscal Conditions Of Country Where Deceased Earned & Place Where Kin Live: Gujarat High Court
2 years, 7 months ago

Motor Accident Death | Compensation Must Balance Fiscal Conditions Of Country Where Deceased Earned & Place Where Kin Live: Gujarat High Court

Live Law  

The Gujarat High Court recently enhanced the compensation granted by the Motor Accident Claims Tribunal to the kin of a deceased victim, who was earning in foreign currency prior to his death.The Bench comprising Justices AJ Desai and Mauna Bhatt relied on Supreme Court's decision in United India Insurance Co. Ltd. & ors. The Gujarat High Court recently enhanced the …

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 …

Courts and tribunals have to be alive to changing situations in awarding compensation in road accident cases: HC
2 years, 8 months ago

Courts and tribunals have to be alive to changing situations in awarding compensation in road accident cases: HC

The Hindu  

Observing that the courts and the tribunals will have to be alive to changing situations in awarding compensation in road accident cases, the High Court of Karnataka has said that it would result in grave injustice if notional income is calculated based on the parameters existed in 1992 to award compensation for the death occurred in 2013. Cost of living, …

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