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 Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | MOTOR VEHICLES ACT, 1988:Income of deceased - Computing of - Future income - Appropriate multiplier to be adopted - Held: In order to assess loss of dependency, an average gross future monthly income must be arrived at by adding the actual gross income at the '1 time of death, to the maximum which the deceased might have got had he not met the premature death - Tribunal having considered the age of deceased as 46 years and the fact that he had paid up the bank loan, correctly held that the income of deceased would have doubled at the time of his death- Multiplier of 10 applied by High Court cannot be said to be bad in law. ss.146 and 147- Person travelling in his friend's car died due to car accident - Car insured under "Private Car Package Policy - Held - Insurer would be liable - Interpretation of Statutes. INSURANCE"Private Car Package Policy" - Section 11- Clause (1 )(i) - Liability to Third Party - Person travelling in car - Not carried for hire or reward - Liability of Insurer - Explained.INTERPRETATION OF STATUTES: Motor Vehicles Act - HELD: is a beneficial legislation - Its provisions should be interpreted liberally but it does not contemplate unjust enrichment. The husband of the appellant, a businessman, while travelling in his friend's car which was insured under 'Private Car Package Policy', died as a result of the car accident. The Tribunal assessed the annual income of the deceased at Rs.1,89,500, and keeping in view that the deceased was 46 years of age and the fact that the children had attained the age of Majority, applied multiplier of 13. The Tribunal deducting 1/3 towards personal expenses, awarded a total compensation of Rs.17,40,000/-. On the appeal filed by the Insurer, the High Court applied the multiplier of 10, assessed loss of dependency at Rs. 1,87 ,500 per annum, apportioned 2/ 3rd as labour input, i.e. personal input of the deceased in business and treated 1/3rd as yield from capital asset and held loss due to death to be Rs.12,50,000/-. It further held that the remaining loss of Rs.6,25,000/- could be t made good by the family out of yield from capital asset. In the appeal filed by the heirs of the deceased, it was contended that the High Court erred in applying multiplier of 10 instead of 13. It was submitted that for the purpose of annual dependency, High Court should have taken into account that the deceased had paid up the loan of Rs. 14,00,000/- with which he had purchased an - industrial plot. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2009 INSC 469 |
Petitioner | Rani Gupta & Ors. |
Respondent | M/s. United India Insurance Co. Ltd. & Ors. |
SCR | [2009] 5 S.C.R. 721 |
Judgement Date | 2009-04-08 |
Case Number | 2241 |
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