'Deceased Was Multi Tasking, Not Doing 9-5 Job' : Supreme Court Enhances Motor Accident Compensation
9 months, 2 weeks 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 v. Delhi Transport Corporation and another approved by this Court in National Insurance Company Ltd. v. Pranay Sethi and others.”, the Judgment authored by Justice Rajesh Bindal observed. Thus, the court observed that the income of the deceased deserves to be re-assessed as it is established that he was doing multiple works because the High Court on a very conservative basis assessed the income of the deceased at ₹20,000/- per month, bifurcating the same at ₹8,000/- per month for the supply of milk to the school, ₹5,000/- per month from agriculture and ₹7,000/- per month from working as a contractor. “In our opinion, considering the material placed on record by the appellants, as has been referred to above, and the value of the labor being put in by the deceased in agriculture, it would be reasonable to assess his income at ₹35,000/- per month.”, the court said.

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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
1 week, 4 days 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 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 …

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

Notional Income Of Ordinary Worker Must Be Determined Based On Fair Wages At Time Of Awarding Compensation: Kerala High Court
1 month, 1 week 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
1 month, 1 week 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
4 months, 2 weeks ago

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

Live Law  

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

Jeep owner to pay ₹40 lakh to accident victim’s family
8 months 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
8 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 …

Government Benefits To Deceased Employee Deductible From Compensation:Supreme Court
10 months, 1 week ago

Government Benefits To Deceased Employee Deductible From Compensation:Supreme Court

Live Law  

In a recent case, the Supreme Court observed that the family of a deceased in a motor accident cannot seek "double benefits". If the family has received benefits from the State Government on account of the death of the deceased, then such benefits are liable to be deducted from the compensation payable under the Motor Vehicles Act. The Motor Accident …

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
10 months, 2 weeks 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 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 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 …

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 Claims - Social Status Of Deceased To Be Considered If There's No Definite Proof Of Income: Supreme Court
1 year, 3 months ago

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

Live Law  

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

Mumbai: Motor Accident Claims Tribunal awards Rs 1.36 cr compensation to kin of man killed in road accident
1 year, 3 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, 5 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, 7 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, 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 | Remarriage Not A Taboo Against Compensation To Widow Of Deceased: Bombay High Court
1 year, 8 months ago

Motor Accident | Remarriage Not A Taboo Against Compensation To Widow Of Deceased: Bombay High Court

Live Law  

The Bombay High Court recently held that remarriage will not disentitle the widow of a deceased in a motor accident from receiving compensation. Justice SG Dige observed that remarriage cannot be a taboo against motor accident compensation – “One cannot expect that for getting compensation of deceased husband, the widow has to remain widow for life time or till getting …

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

Minimum Wages Notification Can Be Considered To Determine Notional Income Of Deceased In Motor Accident Compensation Claims : Supreme Court
2 years, 2 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, 2 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, 2 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, 3 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, 4 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 …

'A Proficient Advocate Must Be Physically Fit' : Supreme Court Enhances Motor Accident Compensation For Lawyer Who Suffered Disabilities
2 years, 5 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 …

Bombay High Court adds ₹5 lakh more to compensation in accident case
2 years, 7 months ago

Bombay High Court adds ₹5 lakh more to compensation in accident case

The Hindu  

The Bombay High Court recently added ₹5 lakh more to the compensation to be awarded to a young girl who suffered physically and mentally in an accident and held, "No amount of money can compensate human sufferings and personal deprivation." Appeal in HC The liability to pay the compensation was imposed on the owner of the vehicle which was held …

Bombay HC holds family of accident victim entitled to full compensation
2 years, 8 months ago

Bombay HC holds family of accident victim entitled to full compensation

Hindustan Times  

Mumbai: The Bombay High Court on Wednesday struck down an October 2016 order of the Motor Accident Claims Tribunal at Thane by which compensation payable to the family of a road accident victim was reduced by 60% on account of “contributory negligence” on part of the deceased, and held that the family was entitled to full compensation of ₹2.58 crore. …

Motor Accident Claim | Offending Driver's Statement Can't Form Part Of Charge-Sheet: Gujarat High Court
2 years, 9 months ago

Motor Accident Claim | Offending Driver's Statement Can't Form Part Of Charge-Sheet: Gujarat High Court

Live Law  

The Gujarat High Court has held that when proceedings against a driver are instituted for negligence causing a motor accident, then such driver's statements cannot form part of the charge sheet filed against him. "The copy of charge-sheet filed against the driver of the offending vehicle – Truck and the fact that he is prosecuted in the Court of law, …

'Sympathetic View Required When Such Great Loss Of Body Part': Allahabad High Court Enhances Motor Accident Compensation To Child Who Lost One Kidney
2 years, 9 months ago

'Sympathetic View Required When Such Great Loss Of Body Part': Allahabad High Court Enhances Motor Accident Compensation To Child Who Lost One Kidney

Live Law  

The Allahabad High Court recently enhanced the compensation granted by the Motor Accident Claims Tribunal to a minor, who lost one kidney and suffered liver damage on being hit by a motorcycle while driving a moped.Justice Ajai Tyagi said,"The learned tribunal has not taken sympathetic view which is required by tribunal in such matters when the child has suffered such …

Motor Accident Claims: Supreme Court Reduces Compensation Granted To Govt Servant Who Continued To Work After Accident
2 years, 9 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, 9 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 …

'Housewife More Than Mere Skilled Worker, Has Multifarious Role As Home Manager': Gauhati High Court Enhances MACT Compensation
2 years, 10 months ago

'Housewife More Than Mere Skilled Worker, Has Multifarious Role As Home Manager': Gauhati High Court Enhances MACT Compensation

Live Law  

The Gauhati High Court recently held that the role of a housewife is multifarious and to tag her as a mere skilled worker alone does not do complete justice to her role in managing the house. Keeping in view the lapse of 32 years between the accident in the case of Lata Wadhwa and the present accident, my conclusion that …

Compensation For Motor Accident Death Should Include Compensation Under Conventional Heads Including Loss Of Consortium: Telangana High Court
2 years, 10 months 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 …

Motor Accident| Veracity Of Witness Adducing Evidence Of Victim's Income Can't Be Doubted Merely Because He Appeared Sans Employer's Permission: Jharkhand HC
2 years, 10 months ago

Motor Accident| Veracity Of Witness Adducing Evidence Of Victim's Income Can't Be Doubted Merely Because He Appeared Sans Employer's Permission: Jharkhand HC

Live Law  

In a recent case seeking enhancement of compensation under the Motor Vehicle Act, 1989, the Jharkhand High Court refused to discard the testimony of a witness, General Manager at the company where the deceased used to work, merely because he appeared without permission from the Department Head.Justice Gautam Choudhary noted that the rules and protocols of official business in a …

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. …

Legal Representatives Entitled To Motor Accident Claim: Delhi HC Upholds Compensation Given To Children From Deceased's First Marriage
2 years, 10 months 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
2 years, 10 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 …

Bombay High Court Weekly Round-Up: January 17 to 23
2 years, 11 months ago

Bombay High Court Weekly Round-Up: January 17 to 23

Live Law  

Weekly Round-Up Jan17- Jan 23 1. Senior Citizens Act: Bombay High Court Refuses Relief To Son Who Became Mother's Tenant & Dishoused Her Without Rent Case Title: Suryakant Kisan Pawar vs Deputy Collector, Mumbai and others Citation: 2022 LiveLaw 9 The Bombay High Court directed a son who "deprived his mother from leading a normal life" to vacate the house …

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

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

Live Law  

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

Motor Accident Compensation: Claimants Entitled To 'Future Prospects' Even If Deceased Was Not Earning: Supreme Court
3 years, 1 month ago

Motor Accident Compensation: Claimants Entitled To 'Future Prospects' Even If Deceased Was Not Earning: Supreme Court

Live Law  

The Supreme Court observed the even in case of a deceased who had no income at the time of death, their legal heirs shall also be entitled to future prospects by adding future rise in income.It is not expected that the deceased who was not serving at all, his income is likely to remain static and his income would remain …

Motor Accidents Claim - Minimum Wage Notification Not An Absolute Yardstick To Fix Income Of Deceased In Absence Of Salary Certificate : Supreme Court
3 years, 2 months ago

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

Live Law  

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

Motor Accident 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 …

Motor Accident Claim Petition Does Not Abate On Death Of Injured Claimant: Supreme Court
3 years, 4 months ago

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

Live Law  

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

Motor Accident Compensation - Self-Employed Deceased Aged Below 40 Years Entitled To 40% Addition As Future Prospects : Supreme Court
3 years, 7 months ago

Motor Accident Compensation - Self-Employed Deceased Aged Below 40 Years Entitled To 40% Addition As Future Prospects : Supreme Court

Live Law  

The Supreme Court has reiterated that addition of 40% income must be given towards future prospects while computing motor accident compensation if the deceased was self-employed and was aged less than aged 40 years. "This Court in a Five Judge Bench decision in National Insurance Co. Ltd. v. Pranay Sethi, 16 SCC 680,clearly held that in case the deceased is …

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 Can't Be Reduced Saying Pillion Rider Didn't Wear Helmet; Not Contributory Negligence : Kerala High Court
3 years, 8 months ago

Motor Accident Compensation Can't Be Reduced Saying Pillion Rider Didn't Wear Helmet; Not Contributory Negligence : Kerala High Court

Live Law  

The Kerala High Court was recently faced with an interesting question of law when deciding appeals against a Motor Accidents Claims Tribunal Order – whether the Tribunal could reduce the compensation payable on a motorcycle accident if the deceased pillion rider rode without a helmet. Referring to Section 129 of the Motor Vehicles Act that made the non-wearing of a …

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