Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1988 - s. 166 Motor Vehicles Act |
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 Allowed |
Headnote | Motor Vehicles Act, 1988 - s. 166 - Accidents claim - Determination of compensation - Assistant working in ONGC met with accident while traveling in a bus and died - lncident occurred in 1994 - Determination of compensation by Courts below by taking into consideration future prospects of the deceased including pay revision made by ONGC w.e.f. 1-1-1997 - Challenge to - Held: Present case is not one where, as on date of death, salary of deceased was revised with retrospective effect from 1994 - Salary would be revised or not was not known at that point of time - Only because salary was revised at a later point of time, same by itself would not have been a factor which could have been taken into consideration for determining compensation - Though, further prospect is not out of bound for such consideration, but same should be founded on some legal principle - What would have been income of deceased on date of retirement was not a relevant factor in light of peculiar facts of this case and, thus, approach of Courts below was incorrect- It was impermissible in law to take into consideration the effect of revision in scale of pay w.e.f 1-1-1997. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2008 INSC 193 |
Petitioner | Oriental Insurance Company Ltd. |
Respondent | Jashuben And Ors. |
SCR | [2008] 2 S.C.R. 930 |
Judgement Date | 2008-02-14 |
Case Number | 1272 |
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