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 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | . Motor Vehicles Act, 1988- s.166- Death of 24 year old person in motor accident - Claim for compensation - Claim that deceased was getting salary of Rs.2,5001- p.m. - No evidence to substantiate the claim - MACT fixed the notional income of deceased at Rs.1,5001- p.m. and awarded Rs.1.83 lacs as compensation - On appeal, High Court fixed the income of deceased at Rs.2,5001- per month and awarded compensation of Rs.4.05 lacs - Held: High Court did not indicate any reason to fix the income at Rs.2,5001- p.m. though it deducted one-third for personal expenses - In the peculiar facts and circumstances of the case, amount of compensation fixed at Rs. 3 lacs to be paid with interest at the rate of 6% p.a. from the date of filing of claim application. Pursuant to death of a 24 year old person in a motor accident, his dependants filed claim petition under s.166 of the Motor Vehicles Act, 1988. The accident took place in 1998. The appellant insurance company denied its liability on the ground that the accident occurred because of negligence on part of the deceased. The Claims Tribunal fixed the notional income of the deceased at Rs.1,5001- per month and on that basis awarded a sum of Rs.1,83,500/- as compensation alongwith 6% interest from the date of filing of the Claim Petition. Questioning the quantum of compensation, respondents filed appeal before the High Court. The High Court fixed the income of deceased at Rs.2,5001- per month and awarded compensation of Rs.4,05,500/- with interest at the rate of ~ 6% as was directed by the Tribunal. In appeal to this Court, the order passed by the High Court was challenged on the ground that it was practically non-reasoned. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 66 |
Petitioner | Managing Director, Tnstc |
Respondent | Suguna And Ors. |
SCR | [2009] 1 S.C.R. 549 |
Judgement Date | 2009-01-23 |
Case Number | 395 |
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