Supreme Court Enhances Compensation For B.Tech Student Who Got Disabled After Motor Accident To Rs. 48 Lakhs
2 days, 1 hour ago

Supreme Court Enhances Compensation For B.Tech Student Who Got Disabled After Motor Accident To Rs. 48 Lakhs

Live Law  

The Supreme Court enhanced compensation granted to a B.Tech student who suffered 60 percent disability after a motor accident from Rs. The Court upheld the compensation granted by the High Court under the head “Loss of Income” but observed that the compensation for medical expenses and non-pecuniary damages was insufficient. On September 23, 2022, the High Court dismissed the respondent's appeal and partially allowed the petitioner's appeal, enhancing the compensation under the “Loss of Income” head from Rs. The petitioner sought for increase in compensation for future prospects to 50 percent from the 40 percent granted by the High Court, and asserted that his loss of income should reflect 100 percent functional disability due to his inability to work in his profession, rather than the 60 percent disability applied by the MACT and High Court. In the present case, the Supreme Court observed that the High Court rightly enhanced the petitioner's “Loss of Income” to Rs.

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History of this topic

Motor Accident Leaves 7-Year-Old Girl Mentally Disabled: Supreme Court Enhances Compensation To Rs 50.8 Lakhs
4 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
1 month, 2 weeks 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 …

Telangana HC Enhances Accident Compensation to Rs 41.4 Lakh Despite Negligence
7 months, 1 week 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 …

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

Advocate's Movement Between Courts Affected By Lower Limb Disability, Impacts Income: Karnataka HC Enhances Motor Accident Compensation
1 year, 3 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 …

Motor Accident Claim | Physical Disability Must Be Assessed With Reference To Victim's Nature Of Work : Supreme Court
1 year, 6 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 …

Delhi High Court Awards Over ₹65 Lakh Enhanced Compensation To Road Accident Victim With 100% Functional Disability; Total ₹1.12 Crore
1 year, 8 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
1 year, 11 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 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, 4 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 …

Dysfunctional Limbs Render 100% Functional Disability: Karnataka High Court Orders ₹21.86 Lakh Compensation For Minor Victim In Motor Accident
2 years, 5 months ago

Dysfunctional Limbs Render 100% Functional Disability: Karnataka High Court Orders ₹21.86 Lakh Compensation For Minor Victim In Motor Accident

Live Law  

The Karnataka High Court has said if the medical evidence indicates that a minor child cannot straighten one of the lower limbs and one of the upper limbs has lost its power for use, it is as good as the human body becoming useless, so far as the person's ability to work and earn livelihood is concerned. In other words, …

Workmen Compensation Act | Loss Of Earning Capacity Upon Amputation Can't Be Equated To Percentage Of Physical Disability: Andhra Pradesh High Court
2 years, 6 months ago

Workmen Compensation Act | Loss Of Earning Capacity Upon Amputation Can't Be Equated To Percentage Of Physical Disability: Andhra Pradesh High Court

Live Law  

The Andhra Pradesh High Court has held that where an on-site accident leads to loss of limb of a workman, he is entitled to compensation under the Workmen's Compensation Act, 1923, for loss of 100% earning capacity. The only substantial questions of law framed in the appeal were: if the Commissioner had erred in law in passing the award when …

'A Proficient Advocate Must Be Physically Fit' : Supreme Court Enhances Motor Accident Compensation For Lawyer Who Suffered Disabilities
2 years, 6 months ago

'A Proficient Advocate Must Be Physically Fit' : Supreme Court Enhances Motor Accident Compensation For Lawyer Who Suffered Disabilities

Live Law  

Observing that physical fitness is necessary for a proficient advocate and physical disabilities hamper the smooth functioniong of a lawyer, the Supreme Court recently granted relief to an advocate who had suffered 100% permanent disability due to an accident.The Court partly allowed his appeal by enhancing the compensation awarded by the High Court from Rs 23,20,000/- to Rs. "The High …

Motor Accident Claims: Supreme Court Reduces Compensation Granted To Govt Servant Who Continued To Work After Accident
2 years, 10 months ago

Motor Accident Claims: Supreme Court Reduces Compensation Granted To Govt Servant Who Continued To Work After Accident

Live Law  

While deciding on compensation to be paid in a case of motor vehicle accident, the Supreme Court has reduced the compensation granted by the High Court to a government servant considering that there was no permanent disability, he wasn't immobilized and he continued to work even after the accident While the compensation awarded by the Motor Accident Claims Tribunal was …

Position Of Claimant Post Accident Relevant Factor To Determine Compensation Under Head Of 'Loss Of Amenities & Happiness': Supreme Court
2 years, 10 months 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 …

Determination Of Motor Accident Compensation By Applying Two Multipliers Erroneous ; Age Of Deceased Should Be The Basis: Supreme Court
2 years, 10 months 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. …

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
2 years, 11 months 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 Compensation- Multiplier Which Is Relevant To The Deceased Has To Be Applied: Supreme Court
3 years, 3 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 …

HC enhances motor accident compensation ₹1.5 crore
3 years, 8 months ago

HC enhances motor accident compensation ₹1.5 crore

The Hindu  

The Madras High Court on Wednesday enhanced from ₹18.43 lakh to ₹1.5 crore, the motor accident compensation awarded by a tribunal to a young woman dentist, who was knocked down from her two-wheeler and run over by a Metropolitan Transport Corporation bus on April 18, 2013. The balance amount of ₹30 lakh awarded towards future medical expenses should be deposited …

Motor Accident Compensation: Multiplier Method Has To Be Applied For Future Prospects And Advancement In Life And Career: Supreme Court
3 years, 10 months 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] Compensation For Loss Of Future Prospects Can Be Awarded In Cases Of Permanent Disablement Also: SC
4 years, 3 months ago

[Motor Accidents Claims] Compensation For Loss Of Future Prospects Can Be Awarded In Cases Of Permanent Disablement Also: SC

Live Law  

The Supreme court has observed that compensation for loss of future prospects can be awarded in cases of permanent disablement incurred as a result of a motor accident.The bench comprising Justices L. Nageswara Rao, Krishna Murari and S. Ravindra Bhat disagreed with the Delhi High Court view that addition in income towards "future prospects" can only be given in case …

[Motor Accident Compensation]Future Prospects On Advancement In Life And Career Also To Be Considered In Multiplier Method :SC
4 years, 5 months ago

[Motor Accident Compensation]Future Prospects On Advancement In Life And Career Also To Be Considered In Multiplier Method :SC

Live Law  

The Supreme Court has observed that while applying the multiplier method in computing Motor Accident Compensation, future prospects on advancement in life and career are also to be taken into consideration.In 2011, the bus, in which E.Priya was travelling collided with a lorry and she suffered a disability of 31.1% of the whole body. The Supreme Court has observed that …

[Motor Accident] Compensation Should Not Be Elusive : SC Fixes 75% Functional Disability For Man Who Had To Amputate Lower Limb
4 years, 6 months ago

[Motor Accident] Compensation Should Not Be Elusive : SC Fixes 75% Functional Disability For Man Who Had To Amputate Lower Limb

Live Law  

Disapproving a High Court judgment which reduced the percentage of functional disability of a man who had to amputate lower limb due to an accident, the Supreme Court observed that compensation for loss of future earning should not be elusive. "Compensation for loss of future earning therefore has to be proper and just to enable him to live a life …

Accident Compensation - Income To Be Assessed Based On Employee's Entitlement, Without Deduction Of Allowances : SC [Read Judgment]
4 years, 7 months ago

Accident Compensation - Income To Be Assessed Based On Employee's Entitlement, Without Deduction Of Allowances : SC [Read Judgment]

Live Law  

The Supreme Court on Tuesday granted the largest compensation in an individual case related to the 2010 Mangalore Air Crash - Rs. Further, the judgement in the case Triveni Kodkany vs Air India Ltd and others discussed and applied the principles related to computation of compensation laid down by the Constitution Bench in the case National Insurance Company Limited v. …

SC Reiterates Principles For Grant Of Compensation In Motor Accident Cases [Read Judgment]
4 years, 11 months ago

SC Reiterates Principles For Grant Of Compensation In Motor Accident Cases [Read Judgment]

Live Law  

The Supreme Court, while enhancing compensation awarded to a young girl who became 100% disabled due to an accident, reiterated some principles for grant of compensation in motor accident claim cases. The bench comprising Justices L. Nageswara Rao and Deepak Gupta observed that Motor Vehicles Act, 1988 requires determination of payment of just compensation and it is the duty of …

Deceased Bachelor's Age Is The Basis For Computing Multiplier In Motor Accident Claims, Reiterates SC [Read Judgment]
5 years, 4 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 …

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