Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | loss of future earning 1988 Motor accident Motor Vehicles Act Compensation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Motor Vehicles Act, 1988:Motor accident – Compensation – Assessment of –Determination of loss of future earning – On facts, 18 year student studying in school met with a motor accident leaving him 40%disabled – Award of Rs. 8,48,000/- as compensation with 7% interest for a period of 10 years – In appeal, the High Court awarded additional lumpsum damages of Rs 50,000/- – In review petition,the High Court enhanced the compensation by Rs. 24,000/- together with corresponding interest – On appeal, held: Appellant because of his family background-parents senior lawyers in the Supreme Court, also wanted to join legal profession, even though at the time of accident, he was studying in school – Having regard to affluent family background, the appellant at the time of accident was studying in prestigious School – Thus, the appellant had a bright future and, his future earnings had to be considered keeping in view the said factors – Though, not very seriously, the functional capacity has been impaired because of the disability suffered by the appellant as the appellant cannot run around like other young advocates of his age – In view thereof, loss of future earning fixed at Rs.5,000/- pm i.e. Rs.60,000/- pa on which multiplier of 18 is to be applied – Loss future earning comes to Rs.10,80,000/- – Appellant to be paid another sum of Rs.6,54,000/- under this head along with interest as awarded by the court below Motor accidents – Road accident victims – Reforms in payment of compensation to victims – Mechanism to prevents delays and other obstacles in awarding compensation to road accident victims and/or kiths and kins of victims – Held: Issuance of direction to the government to consider setting up of mediation authority for speedy disposal of motor accident claims – Government to consider the feasibility of enacting Mediation Act to take care of various aspects of mediation and examine the feasibility of setting up Motor Accident Mediation Authority by making necessary amendments in the Motor Vehicles Act, along with other directions/recommendations issued. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2019 INSC 317 |
Petitioner | M.r. Krishna Murthi |
Respondent | The New India Assurance Co. Ltd. & Others |
SCR | [2019] 3 S.C.R. 1088 |
Judgement Date | 2019-03-05 |
Case Number | 2476 |
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