Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1939 : Motor accident compensation: Quantum Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act (4 of 1939) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1939 :Motor accident-Compensation-Quantun of-Passenger travelling in a taxi was hit by a bus-He sustained seven injuries including permanent dislocation of right hip, loss of 60% vision in left eye and loss of 50% hearing in left ear-At the time of accident he was aged 25 years and, after practising as a lawyer for some time, he had joined ML course-Due to lack of proper treatment facility in India, he underwent treatment at New York-Accident Claims Tribunal, after estimating his income as Rs. 1,000 per month at that time, awarded a compensation of Rs. 1,76,00(}-Held, In the circumstances of the case, the victim not given just compensation-Hence, an additional sum of Rs. 3 lakhs awarded by Supreme Court and the enhanced amount of compensation to bear interest @ 12% p.a. from the date of claim petition till the date of payment-Motor Vehicles Act, 1988. The appellant was travelling in a taxi, which was hit by a bus belonging to the respondent-Corporation. The appellant sustained seven injuries including permanent dislocation of right hip, loss of 60% vision in left eye and loss of 50% hearing in left ear. At the time of accident the appellant was aged 25 years and, after practising as a lawyer, he had joined the ML course. As there was no proper treatment facility in India, the appellant underwent treatment in New York. The appellant filed a claim petition before the Motor Accident Claims Tribunal claiming a sum of Rs. 5,06,091 as compensation. However, the Tribunal awarded a compensation of Rs. 1,76,000 after estimating the appellant's income as a legal practitioner at that stage to be about Rs.1,000 per month. The High Court confirmed the award. Hence this appeal. |
Judge | Hon'ble Mr. Justice K. Venkataswami |
Neutral Citation | 1998 INSC 332 |
Petitioner | Muthaiah Sekhar |
Respondent | Nesamony Tpt. Corporation Ltd. And Anr. |
SCR | [1998] Supp. (1) S.C.R. 225 |
Judgement Date | 1998-09-01 |
Case Number | 13391 |
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