Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Death Motor Vehicles Act Accident 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 Referred Case 5 Referred Case 6 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Motor Vehicles Act, 1988 – Motor vehicle accident – Death – Compensation – Computation of – Person living in Qatar since 1984 was visiting India in Nov. 1998 when he met with an accident while riding a scooter, with his wife as pillion rider, with a Maruti car coming from opposite direction – Tribunal calculated the compensation at Rs.1,90,000 with interest @ 9% p.a. – High Court computed the total compensation at Rs.96,78,000 with interest @ 7.5% p.a. – Held: In the absence of any other evidence produced by the Claimants, the income of the deceased computed by taking his base salary at 750 Qatari Riyal p.m. in 1984 as a skilled labourer, as reflected in his Employment Contract Form – By taking an increment of 10% p.a from 1984 till 1998, the notional income of the deceased is fixed at 2590 Qatari Riyal p.m, rounded off to 2600 Qatari Riyal p.m. – Exchange rate prevailing in 1998- 1 Qatari Riyal was equivalent to 12.41 INR – Income of the deceased 2600 x 12.41= Rs. 32,266 p.m. i.e. Rs. 3,87,192 p.a. – High Court rightly deducted 50% of his income towards personal and living expenses – Further, as per the judgment of Constitution Bench in Pranay Sethi, future prospects @ 30% are to be awarded – Thus, multiplicand for computing the compensation is Rs. 3,87,192 - 50% + 30% = Rs.2,51,675 – Deceased was 40 years of age at the time of his death, accordingly, the multiplier of 15 would be the appropriate multiplier as per Sarla Verma case. Loss of dependency is Rs.2,51,675 x 15= Rs.37,75,125 – Amounts awarded under conventional heads also – Deduction of 50% by MACT and the High Court towards contributory negligence is affirmed – Total compensation of Rs.19,82,563/- awarded – Dependants have been pursuing legal proceedings since the past 22 years – Interest @12% p.a. be paid on total compensation from the date of filing the claim petition, till realization – Claimant No.1, widow of the deceased suffered permanent disability of 25% in this accident – Single-handedly raised her three minor children, and eked out her livelihood through agricultural activity – 50% of the total compensation (inclusive of interest) be given to her and the balance 50% be divided equally between the three children. |
Judge | Hon'ble Ms. Justice Indu Malhotra |
Neutral Citation | 2020 INSC 447 |
Petitioner | United India Insurance Co. Ltd. |
Respondent | Satinder Kaur @ Satwinder Kaur & Ors. |
SCR | [2020] 5 S.C.R. 669 |
Judgement Date | 2020-06-30 |
Case Number | 2705 |
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