Determination Of Compensation Under Different Heads Crucial While Computing Award For Motor Accidents: SC [Read Judgment]
8 years, 6 months ago

Determination Of Compensation Under Different Heads Crucial While Computing Award For Motor Accidents: SC [Read Judgment]

Live Law  

The Supreme Court in Sandhya Rani Debbarma & Ors. The National Insurance Company Ltd. & Anr, has observed that determining the compensation under different heads such as loss of estate, funeral expenses, loss of consortium etc. The National Insurance Company challenged the Tribunal verdict in Gauhati High Court, which modified the award and reduced it to Rs 20.40 lakh in 2006. An apex court Bench comprising Justice V Gopala Gowda and Justice Adarsh Kumar Goel said it disagreed with the view adopted by the Gauhati High Court, which had modified the Tribunal award to Rs 20.40 lakh, which is only the annual loss of dependency. As this amount would fetch perpetually more than Rs 10,000/- per month by way of interest @ 6% per annum without consuming the principal sum during the period of dependency, no further award on any other count is called for……” Observing that the High Court ignored settled principles in awarding compensation, the apex court Bench said: “What is more shocking is the logic applied by the High Court in modifying the award to Rs 20, 40,000/-, which is only the annual loss of dependency, thereby, completely missing the next crucial step in determining the award of compensation due to the dependants of the deceased under the other different heads such as loss of estate, funeral expenses, loss of consortium etc.

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History of this topic

Top court calls for direct transfer of aid to motor accident victims
1 week ago

Top court calls for direct transfer of aid to motor accident victims

Hindustan Times  

The Supreme Court has directed that compensation awarded in motor accident claims should be directly transferred to the bank accounts of victims rather than being deposited with the Motor Accident Claims Tribunals first “so that insurance companies and the claimants are saved from hassles of the court processes”. The court also referenced previous rulings mandating direct bank transfers, including Haryana …

Andhra Pradesh High Court Lays Down Parameters For Disputing Negligence In Motor Vehicle Accident Claims Cases
1 week, 6 days 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 …

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 …

Motor Accident Claim | Compensation Can't Be Reduced Merely Because Dependents Took Over Business Of Deceased : Supreme Court
1 month, 3 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 …

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 …

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 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 …

'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 …

Workmen's Compensation Act | Gauhati HC Sets Aside Award For Driver Who Lost Eye In Accident, Says No Qualified Medical Practitioner Assessed Loss Of Earnings
1 year, 1 month ago

Workmen's Compensation Act | Gauhati HC Sets Aside Award For Driver Who Lost Eye In Accident, Says No Qualified Medical Practitioner Assessed Loss Of Earnings

Live Law  

The Gauhati High Court has set aside an order passed by the Commissioner of Workmen's Compensation which awarded a compensation of Rs. 3,74,364/- to a driver who allegedly lost vision in one eye in an accident, on the ground that no qualified medical practitioner was examined to assess the loss of earning capacity of the claimant in relation to his …

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 …

Supreme Court Sets Aside Motor Accident Compensation Awarded To Elder Brothers Of Deceased; Says They Weren't Dependants
1 year, 3 months ago

Supreme Court Sets Aside Motor Accident Compensation Awarded To Elder Brothers Of Deceased; Says They Weren't Dependants

Live Law  

Recently, the Supreme Court, in its order dated December 04, rejected the compensation awarded to the brothers of the deceased victim under the Motor Vehicles Act, 1988. The Court did not accept that three older married siblings would be dependent on the victim's earnings. Before the High Court, the appellant mainly contested that the respondents were the elder brothers of …

Private Car Act Policy | Gauhati High Court Sets Aside MACT Order Directing Insurance Company To Pay Compensation For Death Of Car Occupant
1 year, 4 months ago

Private Car Act Policy | Gauhati High Court Sets Aside MACT Order Directing Insurance Company To Pay Compensation For Death Of Car Occupant

Live Law  

The Gauhati High Court has set aside an order of the Motor Accident Claim Tribunal, in a case involving the death of an occupant of an insured vehicle due to rash and negligent driving, wherein the tribunal had directed the Oriental Insurance Company to pay compensation to the claimant and subsequently recover the same from the owner of the offending …

Mumbai: Motor Accident Claims Tribunal awards Rs 1.36 cr compensation to kin of man killed in road accident
1 year, 6 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 …

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 …

Insurance Company Not Liable To Pay Compensation For Death Of Gratuitous Passengers Travelling In Goods Vehicle: Gauhati High Court Reiterates
2 years ago

Insurance Company Not Liable To Pay Compensation For Death Of Gratuitous Passengers Travelling In Goods Vehicle: Gauhati High Court Reiterates

Live Law  

The Gauhati High Court recently reiterated that Insurance Company cannot be held liable to pay compensation for the death of gratuitous passengers travelling in goods vehicle. While allowing the appeal filed by the insurance company, the single judge bench of Justice Parthiv Jyoti Saikia held: “The Insurance Company is not liable to pay compensation to the claimant. The court relied …

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 …

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 …

Appeal Filed By Insurance Company 'Unnecessary' Considering 'Smallness Of Amount': Gujarat High Court Upholds Compensation Award Of ₹65,200
2 years, 10 months ago

Appeal Filed By Insurance Company 'Unnecessary' Considering 'Smallness Of Amount': Gujarat High Court Upholds Compensation Award Of ₹65,200

Live Law  

Stating that the Insurance Company had unnecessarily filed an appeal for challenging a small compensation amount in a motor vehicles accident claim, Justice Sandeep Bhatt has affirmed the award of INR 65, 200 passed by the Motor Accident Claims Tribunal and dismissed the appeal of the Insurance Company. The Insurance Company contested that the negligence of the tempo driver should …

Motor Accident | "Insurance Co. Can't Raise License Validity Issue In Appeal If It Wasn't Pleaded Before Tribunal": J&K&L High Court
3 years ago

Motor Accident | "Insurance Co. Can't Raise License Validity Issue In Appeal If It Wasn't Pleaded Before Tribunal": J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently dismissed an appeal moved by an Insurance company wherein it had challenged the award made by Motor Accidents Claim Tribunal on the ground that the offending vehicle was being driven by the driver, who was not holding a valid driving licence.The Bench of Justice Rajnesh Oswal observed that since the appellant-Insurance …

Position Of Claimant Post Accident Relevant Factor To Determine Compensation Under Head Of 'Loss Of Amenities & Happiness': Supreme Court
3 years, 1 month ago

Position Of Claimant Post Accident Relevant Factor To Determine Compensation Under Head Of 'Loss Of Amenities & Happiness': Supreme Court

Live Law  

The Supreme Court observed that the position of the claimant post accident is a relevant factor for determining compensation on the head of loss of amenities and happiness.The bench comprising Justices MR Shah and BV Nagarathna enhanced compensation awarded to a person who is in coma for eight years to Rs. The Supreme Court observed that the position of the …

Compensation For Motor Accident Death Should Include Compensation Under Conventional Heads Including Loss Of Consortium: Telangana High Court
3 years, 1 month ago

Compensation For Motor Accident Death Should Include Compensation Under Conventional Heads Including Loss Of Consortium: Telangana High Court

Live Law  

Relying on the Apex Court decision in National Insurance Company Limited v. Pranay Sethi & Ors., the Telangana High Court recently ruled that the compensation in motor vehicle accident death claims should include amount under conventional heads viz. Brief facts of the case The claimants who are the husband and children of the deceased filed a petition under Section 166 …

Determination Of Motor Accident Compensation By Applying Two Multipliers Erroneous ; Age Of Deceased Should Be The Basis: Supreme Court
3 years, 1 month ago

Determination Of Motor Accident Compensation By Applying Two Multipliers Erroneous ; Age Of Deceased Should Be The Basis: Supreme Court

Live Law  

The Supreme Court observed that the method of determination of compensation applying two multipliers is erroneous.The suitable multiplier is to be applied keeping in view the age of the deceased, the bench comprising Justices Hemant Gupta and V. Ramasubramanian said.In this case, in an appeal filed against the order of Motor Accidents Claim Tribunal, the Madras High Court affirmed the. …

Legal Representatives Entitled To Motor Accident Claim: Delhi HC Upholds Compensation Given To Children From Deceased's First Marriage
3 years, 1 month ago

Legal Representatives Entitled To Motor Accident Claim: Delhi HC Upholds Compensation Given To Children From Deceased's First Marriage

Live Law  

Reiterating that legal representatives of a person are entitled to motor accident claim, the Delhi High Court has upheld the compensation given to two children from the deceased's first marriage. "In so far as the grant of compensation under non pecuniary head is concerned, reference may be had to the judgment of the Supreme Court in Gujarat State Road Transport …

Motor Accident Compensation: Claimant Entitled To Future Loss Of Income Proportionate To Extent Of Disability Though There Is No Total Loss Of Income - Bombay High Court
3 years, 1 month ago

Motor Accident Compensation: Claimant Entitled To Future Loss Of Income Proportionate To Extent Of Disability Though There Is No Total Loss Of Income - Bombay High Court

Live Law  

The Bombay High Court observed that while determining the compensation that the applicant would be entitled to on account of loss of future earnings, even if the applicant has not suffered total loss of income due to permanent disability. The Bombay High Court was hearing an appeal from an impugned judgement of the Motor Accidents Claims Tribunal, Palghar which had …

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 …

Specify Details, Methodology For Computing Compensation For People Who Lost Livelihood In Tripura Violence: HC To State
3 years, 3 months ago

Specify Details, Methodology For Computing Compensation For People Who Lost Livelihood In Tripura Violence: HC To State

Live Law  

Dealing with the suo moto proceedings initiated by it on the issue of October 2021 violence in North Tripura, the Tripura High Court recently asked the State government to specify details for computing the amount of compensation that has been awarded in favour of those persons who have suffered damages and loss to their livelihood. The Bench of Chief Justice …

Motor Accident Compensation- Multiplier Which Is Relevant To The Deceased Has To Be Applied: Supreme Court
3 years, 6 months ago

Motor Accident Compensation- Multiplier Which Is Relevant To The Deceased Has To Be Applied: Supreme Court

Live Law  

The Supreme Court observed that, while computing Motor Accident Compensation, the multiplier which is relevant to the deceased has to be applied.Following the death of one J. Jeyachandran in an accident, his parents filed a compensation claim. MACT, took the multiplier at 16 since the deceased was aged 33 at the time of accident, and arrived at a sum of …

Motor Accident Compensation: Multiplier Method Has To Be Applied For Future Prospects And Advancement In Life And Career: Supreme Court
4 years ago

Motor Accident Compensation: Multiplier Method Has To Be Applied For Future Prospects And Advancement In Life And Career: Supreme Court

Live Law  

The Supreme Court observed that, while computing motor accident compensation, multiplier method has to be applied for future prospects and advancement in life and career. In this case, Motor Accident Claims Tribunal assessed the amount of compensation at Rs.21,92,000/-. Before the Apex Court in appeal, the claimant-appellant referred to judgments in Erudhaya Priya v. State Express Transport Corporation Ltd. in …

Motor Accidents Claims Tribunal awards reduced compensation to petitioner
4 years, 1 month ago

Motor Accidents Claims Tribunal awards reduced compensation to petitioner

The Hindu  

The Motor Accidents Claims Tribunal, Chennai, has cut compensation by 30% for an electrician after it was found that he was driving a motorcycle while inebriated and also did not have a valid driving licence or vehicle insurance. He named A.K.T Arunachalapandian, owner of the other motorcycle, and its insurer United India Insurance Co. Ltd. as respondents. In its response, …

Motor Accident Compensation : SC To Consider If Retrospective Pay Revision Of Govt Employee After Death Should Be Taken Into Account
4 years, 2 months ago

Motor Accident Compensation : SC To Consider If Retrospective Pay Revision Of Govt Employee After Death Should Be Taken Into Account

Live Law  

Whether pay revision applied retrospectively after the date of demise of a Government/public authorities employee is a factor taken into account while computing the monthly emoluments of the deceased for the purpose of determining compensation to him/her? The Supreme Court has issued notice in a special leave petition which raises this issue.The SLP challenges the Kerala High Court judgment. The …

Motor Accidents: Claimant Deprived Of Full Pension Of Her Husband Entitled To Compensation For Loss Of Earnings, Holds Allahabad High Court
4 years, 3 months ago

Motor Accidents: Claimant Deprived Of Full Pension Of Her Husband Entitled To Compensation For Loss Of Earnings, Holds Allahabad High Court

Live Law  

The Allahabad High Court on Monday held that a claimant widow, who is deprived of full pension of her husband because he died in a motor accident, is entitled to compensation under the head of loss of earnings. "The Tribunal ought to have considered the fact that had her husband survived, she would have got a sum of Rs.28,000/- per …

Fatal Motor Accident Cases: Principles For Computing Compensation
4 years, 8 months ago

Fatal Motor Accident Cases: Principles For Computing Compensation

Live Law  

With over 1.5 lakh deaths annually in motor accident cases in India, it is not unsurprising that claims on account of compensation for motor accident deaths is one of the most disputed arenas of litigation in the Supreme Court. In Arun Kumar Agrawal v. National Insurance Co. Ltd., the MACT gave notional income of INR 5,000/- per month to the …

Fundamental Duty Of Motor Accident Claims Tribunal To Arrive At A Conclusion And Award Just Compensation: Bombay HC [Read Judgment]
5 years, 5 months ago

Fundamental Duty Of Motor Accident Claims Tribunal To Arrive At A Conclusion And Award Just Compensation: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court recently observed that it is the fundamental duty of Motor Accident Claims Tribunal to arrive at a proper conclusion and award just compensation. The court concluded that a 'cryptic judgment' passed by MACT deserves remand and allowed an appeal filed by the Oriental Insurance Company Ltd. Justice Vibha Kankanwadi of Aurangabad bench set aside a judgment …

Claims tribunal grants wife of road accident victim ₹15 lakh compensation
5 years, 7 months ago

Claims tribunal grants wife of road accident victim ₹15 lakh compensation

The Hindu  

A Motor Accident Claims Tribunal has awarded a compensation of ₹15.13 lakh to the wife of a 22-year-old man who lost his life in a road accident in 2017. Unskilled worker The petitioners had demanded ₹35 lakh compensation but the tribunal brought down it to ₹15.13 lakh by fixing deceased’s earning at ₹6,162 per month of an unskilled worker at …

Deceased Bachelor's Age Is The Basis For Computing Multiplier In Motor Accident Claims, Reiterates SC [Read Judgment]
5 years, 7 months ago

Deceased Bachelor's Age Is The Basis For Computing Multiplier In Motor Accident Claims, Reiterates SC [Read Judgment]

Live Law  

The 'Multiplier' to be applied in the case of a deceased bachelor, should be computed on the basis of the age of the deceased, not the age of the parents, the Supreme court has reiterated.The bench comprising Justice Indu Malhotra and Justice Sanjiv Khanna were considering an appeal filed by parents of a deceased girl, who was just twenty year …

Motor Accident Claims: No Restriction In Awarding Compensation Exceeding The Amounts Claimed By Claimants, Says SC [Read Judgment]
6 years, 3 months ago

Motor Accident Claims: No Restriction In Awarding Compensation Exceeding The Amounts Claimed By Claimants, Says SC [Read Judgment]

Live Law  

‘The function of the Tribunal or Court under Section 168 of the Motor Vehicles Act, 1988 is to award “just compensation”. ‘There is no restriction to award compensation exceeding the amount claimed by the claimants, the Supreme Court has held.Father, wife and two children of one Ismail, who died in a motor accident, had claimed a total compensation of Rs. …

Motor Accident Claims: No Restriction In Awarding Compensation Exceeding The Amounts Claimed By Claimants, Says SC [Read Judgment]
6 years, 3 months ago

Motor Accident Claims: No Restriction In Awarding Compensation Exceeding The Amounts Claimed By Claimants, Says SC [Read Judgment]

Live Law  

‘The function of the Tribunal or Court under Section 168 of the Motor Vehicles Act, 1988 is to award “just compensation”. ‘There is no restriction to award compensation exceeding the amount claimed by the claimants, the Supreme Court has held.Father, wife and two children of one Ismail, who died in a motor accident, had claimed a total compensation of Rs. …

Many Unaware About Their Right To Be Compensated For Motor Accidents, Observes SC [Read Judgment]
8 years, 5 months ago

Many Unaware About Their Right To Be Compensated For Motor Accidents, Observes SC [Read Judgment]

Live Law  

Perusing an affidavit filed by the Union of India regarding motor accident deaths and insurance claim, the Supreme Court has noted that the number of insurance claims made on account of death is roughly half of the number of deaths.The Bench comprising Justice Madan B. Lokur and Justice D.Y. Perusing an affidavit filed by the Union of India regarding motor …

Determination Of Compensation Under Different Heads Crucial While Computing Award For Motor Accidents: SC [Read Judgment]
8 years, 6 months ago

Determination Of Compensation Under Different Heads Crucial While Computing Award For Motor Accidents: SC [Read Judgment]

Live Law  

The Supreme Court in Sandhya Rani Debbarma & Ors. The National Insurance Company Ltd. & Anr, has observed that determining the compensation under different heads such as loss of estate, funeral expenses, loss of consortium etc. The National Insurance Company challenged the Tribunal verdict in Gauhati High Court, which modified the award and reduced it to Rs 20.40 lakh in …

Kerala: Rs 5.65 crore claim awarded to businessman's kin
8 years, 6 months ago

Kerala: Rs 5.65 crore claim awarded to businessman's kin

Deccan Chronicle  

Kochi: The Motor Accidents Claims Tribunal, Kollam, on Friday awarded Rs 5.65 crore to the relatives of an NRI businessman who died in an accident in 2012. MACT judge P. Mayadevi awarded the compensation to Lucy Sunno, wife of deceased Sunno Xavier, and four of her relatives, including sons. The tribunal awarded '3.98 crore with interest at the rate of …

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