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. While disposing of the appeals, Justice Waziri observed that the two medical opinions clearly establish that Jyoti was suffering from “100% functional disability.” “Her medical condition is even more aggravated because she has virtually no control of her bladder and bowel movements. The court awarded enhanced compensation under various heads including reimbursement regarding lifetime sanitary expenses; expenses towards attendants, special diet, future earnings, physiotherapy and wheelchair; loss of marriage prospects and expectation of life or loss of amenities of life and pain and suffering.

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History of this topic

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 …

3 weeks ago

Delhi Court Awards Rs 20 Lakh Compensation To Acid Attack Victims, Asks Delhi Govt To Provide Employment

Live Law

In what can be termed as an instance of restorative justice, a Delhi Court recently directed the grant of a total compensation of Rs 20 lakhs to three victims of acid attack, including two girls. The incident happened on 18.02.2017 when a person D and his two minor daughters 'I' and 'B' were attacked by acid in the Vishnu Garden …

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 …

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 …

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 …

1 month, 2 weeks ago

Govt Employee Not Disentitled From Claiming Compensation Due To Disablement: J&K High Court Upholds ₹10 Lakh Compensation For Man Who Lost Arm

Live Law

The Jammu & Kashmir High Court has held that a government employee cannot be disentitled from his right to receive compensation accruing to him due to permanent disablement in the course of employment. A bench of Justices Sanjeev Kumar and Justice Puneet Gupta also observed that the Respondent would face the stigma of being a person without the right arm …

1 month, 4 weeks ago

SC upholds over ₹1 crore award to daughters of couple which died in road mishap

Hindustan Times

New Delhi, The Supreme Court on Wednesday set aside a verdict and upheld over ₹1 crore compensation awarded to the daughters of a couple which died in a road accident. SC upholds over ₹ 1 crore award to daughters of couple which died in road mishap A bench comprising Justices Sudhanshu Dhulia and Ahsanuddin Amanullah took note of the appeal …

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 …

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 …

2 months, 3 weeks 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 …

2 months, 4 weeks ago

Unjustified Deductions: Delhi State Commission Holds Canara Bank And Bajaj Insurance Liable For Deficiency In Service

Live Law

The Delhi State Commission, presided by Justice Sangita Dhingra Sehgal and Ms. Pinki held Canara Bank and Bajaj Allianz Life Insurance liable for deficiency in service for unjustifiably deducting balance amount from the complainant's account. Brief Facts of the Case The complainant alleged that the Canara Bank, acting as a corporate agent for the Bajaj Allianz Life Insurance, pressured her …

2 months, 4 weeks ago

Multiple Claims For Same Accident Not Maintainable Under Employee's Compensation Act: Himachal Pradesh HC

Live Law

Himachal Pradesh High Court: A Single Judge Bench of Justice Sushil Kukreja dismissed an appeal filed a dependent mother under the Employee's Compensation Act. However, Tata AIG, the insurer, argued that the claim was barred, as Raju's widow and daughter had already settled this claim in 2015 through an agreement before the Workmen's Compensation Commissioner. Court's Reasoning Firstly, the court …

2 months, 4 weeks ago

Multiple Claims For Same Accident Not Maintainable Under Employee's Compensation Act: Himachal Pradesh HC

Live Law

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 …

3 months, 1 week ago

J&K High Court Orders ₹11.63 Lakh Compensation To Family Of Electrician Electrocuted During Repair Work

Live Law

Upholding the principle of respondeat superior, the Jammu and Kashmir and Ladakh High Court has awarded ₹11.63 lakh as compensation to the family of an electrician who lost his life due to electrocution while conducting repairs on an 11 KV power line. 11,63,000/- along with interest @7.5% per annum in favour of the petitioners from the date of filing of …

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 …

4 months ago

Can Rape Victim Who Contracted HIV Be Awarded Compensation Under Delhi Victim Compensation Scheme? High Court To Decide

Live Law

The Delhi High Court is set to decide as to whether a victim of rape or sexual assault, who has contracted STD or HIV, be awarded compensation under the Delhi Victim Compensation Scheme, 2018.Justice Sanjeev Narula issued notice on a woman's plea who was subjected to sexual assault in 2017, leading her to contracting HIV, seeking enhanced compensation under the …

4 months ago

Compensation To Acid Attack Victims Once Awarded Can't Be Arbitrarily Reduced Below Minimum Threshold: Delhi High Court

Live Law

The Delhi High Court has recently observed that once the decision of awarding compensation to acid attack victims under the Delhi Victim Compensation Scheme, 2015, has been made, it cannot be arbitrarily reduced below the minimum threshold of Rs. "By no stretch of the language of the Scheme and the various judicial pronouncements discussing the requirement of adequate compensation, it …

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, …

4 months ago

Delhi High Court Directs Delhi Jal Board To Pay ₹22 Lakh Compensation Over Death Of 9-Yr-Old By Falling Into Pit

Live Law

The Delhi High Court has recently directed the Delhi Jal Board to pay compensation of Rs. Justice Purushaindra Kumar Kaurav said that there was negligence on the part of DJB and it was thw duty of the Board to maintain safe conditions and take due precautions in and around the land where the pit was situated. Justice Kaurav disposed of …

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 …

4 months ago

Courts Must Be Vigilant To Prevent Procedural Errors That Can 'Undo' Legal Proceedings: J&K High Court

Live Law

Highlighting the critical role of judicial diligence The Jammu and Kashmir and Ladakh High Court has emphasised that presiding officers of courts and tribunals must maintain unwavering vigilance in conducting legal proceedings. there is both a duty as well as a need for the presiding officers of the courts/tribunals to be unblinkingly watchful in date to date conduct of the …

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, …

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 …

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 …

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 …

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 …

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 …

1 year, 1 month ago

Motor Accident Compensation Can't Be Lower Merely Because Deceased Minor Was A Girl: Karnataka High Court

Live Law

The Karnataka High Court has held that there cannot be any discrimination between a minor girl or minor boy while granting compensation for a motor accident. In Kishan Gopal vs. Lala, the Supreme Court had ruled that in the case of death of a minor in road traffic accident, the claimants would be entitled for compensation in a sum of …

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 …

1 year, 7 months ago

High Court Pulls Up Delhi Police For ‘Terrible And Unfair Investigation’, Directs State To Pay ₹50K Compensation Each To Two Accused

Live Law

Pulling up the Delhi Police for conducting “terrible and unfair investigation”, the Delhi High Court has acquitted two accused persons and awarded them Rs. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna gave a word of caution to the prosecution agencies to carry out investigation in a prudent manner and said that the trial courts …

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 …

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 …

2 years, 1 month ago

Even If Driver Is Drunk, Insurer Liable To Third Party: Kerala High Court

Live Law

The Kerala High Court on Monday held that Insurance Company would be liable to initially compensate a motor accident victim, even if the condition in policy against driving of vehicle in an intoxicated state is violated by the driver.The Single Judge Bench of Justice Sophy Thomas observed,"Undoubtedly, when the driver is in an inebriated state, certainly, his consciousness and senses …

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 …

2 years, 2 months ago

Delhi High Court Upholds Recovery Of Compensation From Underage Driver’s Father In Road Accident Case

Live Law

The Delhi High Court has dismissed an appeal challenging the grant of recovery rights to an insurer against the registered owner of the car whose son was involved in a road accident leading to the death of a 42 year old man in 2013.Justice Rekha Palli said the 42-year-old man lost his life only because the minor's father did not …

2 years, 2 months ago

Kanjhawala death case: Delhi CM Arvind Kejriwal announces compensation of Rs 10 lakh to victim's family

India TV News

Kanjhawala death case: Delhi Chief Minister Arvind Kejriwal, on Tuesday, announced a compensation of Rs 10 lakh to the family of the victim, Anjali Singh, who was killed in an accident on January 1. The Chief Minister also talked to the victim's mother and assured to provide justice to her deceased daughter. Delhi CM terms it 'rarest of rare crimes' …

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 …

2 years, 3 months ago

2021 road mishap: Kalka man awarded ₹4.49 lakh compensation

Hindustan Times

A Kalka resident whose leg was fractured in a road accident last year was awarded a compensation of ₹4.49 lakh by the Motor Accidents Claims Tribunal on Tuesday. The tribunal, while awarding compensation of ₹ 4,49,280, said the amount is payable by all the three respondents jointly and severally together with costs; and interest at the rate of 6% per …

2 years, 5 months ago

Delhi High Court Enhances Compensation For Child Sexual Abuse Survivors From Rs 7 Lakh To 10.5 Lakh

Live Law

Ordering increase in the amount of compensation for survivors of child sexual abuse from Rs 7 lakh to at least Rs 10.5 lakh under the 2018 Delhi Victim Compensation Scheme, the Delhi High Court on Thursday said that the final compensation to the victims must be the maximum amount as provided in the scheme's schedule.The schedule of 2018 scheme mentions …

2 years, 5 months ago

Bombay HC allows vegetative girl's father to withdraw Rs 1.15 Crore deposited by Railways

India Today

The Bombay High Court has permitted the father of a girl rendered vegetative after a road accident on Marine Drive in Mumbai to withdraw Rs 1.15 crore deposited by the Western Railway. Advocate Saumen Vidyarthi, appearing for Nidhi's father, told the court that the original compensation claim was Rs 2.22 crores and the tribunal's order awarding compensation of Rs 69.92 …

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 …

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 …

2 years, 7 months ago

Motor Accident Claims | Child Victim Can't Be Equated To Non-Earning Adult, Must Be Compensated Under Non-Pecuniary Heads: Gujarat HC Reiterates

Live Law

The Gujarat High Court has reiterated that children who are victims of motor accidents stand on a different footing from non-earning adults in matter of compensation.Recalling the Supreme Court's observations in Mallikarjun v/s Divisional Manager, National Insurance Company Limited, the Bench comprising Justice Gita Gopi added that compensation awarded should enable the child to. The Gujarat High Court has reiterated …

2 years, 7 months ago

Karnataka HC comes to the rescue of electricity accident victims, awards total compensation of ₹1.28 crore

The Hindu

Coming to the rescue of victims of electricity accidents, including two minors, who were deprived of immediate compensation, the Karnataka High Court has directed the public electricity distribution and supply companies to pay a total compensation of ₹1.28 crore in three separate incidents that occurred during 2017-18. The Court also directed that in future, the electricity distribution and supply companies …

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, …

2 years, 8 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, …

2 years, 8 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 …

2 years, 9 months ago

Injury Without Amputation Should Be Compensated for 'loss of Future Prospects': High Court

News 18

The Karnataka High Court has held that even in cases where there is no amputation in an accident but only an injury, the victim has to be compensated for ‘loss of future prospects’. The court said, “Loss of future prospects’ also has to be factored in notwithstanding the fact that this is not a case of death but a case …

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2 days, 1 hour ago

Man gets 35 years in jail for sexually assaulting minor

The Hindu

The Additional District and Sessions Court in Kalaburagi has sentenced a 25-year-old man to 35 years of imprisonment and imposed on him a fine of ₹28,000 for sexually assaulting a minor girl. As per information provided by public prosecutor in the case Shanthaveer B. Tuppad, the accused, Saibanna Mashale, a resident of Sharana Nagar in Aland taluk, Kalaburagi district, raped …

Fine 35 Years Sexually Assaulting