Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles – Motor Accident Claim |
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles – Motor Accident Claim – 20 year old son of appellant died in an accident – Claims Tribunal (MACT) adopted income of the deceased to be Rs.6,000/-p.m – It applied a multiplier of 11 on the basis of the age of the parents of the deceased and granted compensation of Rs.4,31,000/- – High Court declined to interfere with the award of the Tribunal – On appeal, held: Tribunal gave cogent reasons for declining claim of the appellant that deceased was earning Rs.15,000/- per month – Correct multiplier would be 17 based on the age of the deceased and an addition of 40% towards future prospects is also warranted – Loss of dependency is Rs 8,56,800/- – Appellant also entitled to Rs.15,000/- for loss of estate and a further Rs.15,000/- for funeral expenses – Accordingly, appellant granted total compensation of Rs 8,86,800/- with interest @7.5% p.a. from the date of filing of the petition before MACT till realization.The appellant no.1’s son who was aged 20 years, died in an accident after a truck dashed against his motor cycle. Appellant filed claim before Motor Accident Claims Tribunal (MACT). The Tribunal declined to accept the income certificates produced by the appellant in support of his claim that his son had a monthly earning of Rs.15,000/- and instead took the income to be Rs.8,000/-. Applying a multiplier of 11 on the basis of the age of the parents of the deceased, it granted compensation of Rs.4,31,000/-. In appeal, the High Court declined to interfere with the award of the Tribunal. Hence, the present appeal. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2018 INSC 42 |
Petitioner | Shri Nagar Mal And Ors. |
Respondent | The Oriental Insurance Company Ltd. And Ors. |
SCR | [2018] 1 S.C.R. 283 |
Judgement Date | 2018-01-19 |
Case Number | 448 |
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