Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988:ss. 149(2) and 170 - Permission granted by Tribunal to insurer to contest the claim - HELD: On facts, does not call for interference - If the order granting permission required reasons to be recorded, on challenge, High Court could either set aside the permission granted with a direction to Tribunal ., to pass a reasoned order or itself consider whether the case warranted permission - But under no circumstance permission by Tribunal to contest the claim can be equatetl to or treated as denial of permission merely on the ground that reasons were not recorded - Judicial notice can also be taken of false claims by claimants in collusion with owners drivers of vehicle and/or police and/or doctors - In such cases, it is the insurer which is to bear the liability statutorily or contractually - Such matters invite serious consideration by Parliament and Law Commission to give the insurer direct right to contest the claim on merits without technical F requirement of permission - Legislation - Need for- Judicial ... Notice. Fatal accident - Compensation - Computation of - Age of deceased assessed 55-58 years - Claim by son and daughter-in-law - Tribunal deducting 113rd of salary towards personal expenditure, applying multiplier of 10 and allowing • interest at 15% - HELD: Multiplier of 10 justified - But 50% and not 1!3rd to be deducted towards personal and living expenses of deceased - Interest at 9% would be appropriate. Fatal accident - Compensation - Computation of - Deceased bus conductor earning Rs.36001- per month at the time of accident - Pursuing Master's course - Tribunal assuming higher monthly income at Rs. 50001- after completing studies - Keeping in view the age of dependent wife as 22 years and minor children aged three and one year and the parents, Tribunal applying multiplier of 16 - Interest allowed at 15% - HELD: In view of the higher qualification, Tribunal justified in assuming higher income instead of actual income - But, such assessment should be realistic and should c be close to actual income - On facts, income taken as Rs.40001- per month - Multiplier of 17 to be applied - Onefourth to be deducted towards personal and living expenses - Interest reduced to 9%. |
Judge | N/A |
Neutral Citation | 2009 INSC 271 |
Petitioner | National Insurance Company Ltd. |
Respondent | Meghji Naran Soratiya & Ors. |
SCR | [2009] 3 S.C.R. 875 |
Judgement Date | 2009-02-26 |
Case Number | 1171 |
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