Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | last drawn emoluments 1988 Ex-gratia amount Motor Vehicles Act Compensation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Motor Vehicles Act, 1988 – Offending vehicle, an oil tanker rammed into the car driven by one ‘RSJ’, with his wife and children also in it, while coming from the opposite direction – ‘RSJ’ died – Claims filed by the parents of the deceased and wife and minor children of the deceased stating that the he was 38 yrs of age, working as General Manager (Marketing) with a Company, was drawing gross annual salary of Rs. 3,21,801.60 with perks just prior to the accident; and was due to be promoted as the Associate Vice President – Tribunal awarded Rs.37,71,000/- as compensation to the claimants inter alia with interest @ 12% p.a. – High Court enhanced the compensation to Rs.47,95,000/- and rounded it up to Rs. 48,00,000/- with interest @7.5% p.a. – On appeal, held: Award made by the Tribunal suffered from few fundamental errors and shortcomings as regards the assessment of multiplicand – Tribunal, instead of taking the last drawn emoluments of the deceased, chose to proceed on his enhanced projected emoluments after the expected promotion and pay revision but, did not provide for further future prospects – Assessment made by the Tribunal not in conformity with the principles in Pranay Sethi case – Assessment made by the High Court stands more or less in conformity with the principles enunciated in Pranay Sethi case – Only doubtful area is that the High Court enhanced future prospects only at 40% on the last drawn emoluments of the deceased and not at 50% though he was shown to be in a settled employment with future chances of promotion as also pay revision – However, on facts no modification made in the amount awarded by the High Court – Pecuniary loss assessed by the High Court is reasonable and does not call for any interference – High Court modified the interest component at reasonable rate of 7.5% p.a. – No reason to allow the interest at any rate higher than that – Amount ultimately receivable by the claimants in terms of the judgment of the High Court remains that of just compensation – No case for interference made out.Compensation – Ex-gratia amount received by the claimants from employer of the deceased – If to be deducted from the compensation received by claimants – Plea of insurer relying on Shashi Sharma case that the said ex-gratia amount so received by the claimants be deducted from the compensation granted by the High Court – Held: Decision in Shashi Sharma would not apply to the facts of the present case – No deduction in the amount awarded by the High Court. Compensation – Vehicular accident – Assessment of compensation – Factors for – Discussed |
Judge | Hon'ble Mr. Justice Dinesh Maheshwari |
Neutral Citation | 2019 INSC 561 |
Petitioner | National Insurance Company Ltd. |
Respondent | Mannat Johal & Ors. Etc. Etc. |
SCR | [2019] 6 S.C.R. 683 |
Judgement Date | 2019-04-23 |
Case Number | 4079 |
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