Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Claim for compensation by mother and brother of deceased Motor VehiclesAct 1988 Fatal accident multiplier of 18 |
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: Fatal accident – Of a 19 years old bachelor – Caused by motor vehicle – Claim for compensation by mother and brother of deceased – Compensation awarded by Tribunal and High Court by using multiplier of 15 on the basis of the age of claimant/mother – Appeal to Supreme Court – Held: Multiplier of 15 was wrongly applied by adopting the age of the dependant and not the deceased – High Court was also wrong in not considering future prospects of the deceased – In view of the age of the deceased, an additional 40% of the established income must be added while computing the compensation – Thus, taking the multiplier of 18, considering the future prospects of the deceased, and granting further amount under conventional heads, the compensation amount is further enhanced. |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2019 INSC 1348 |
Petitioner | Kunjan Sadana & Anr. |
Respondent | Mahesh Kumar & Ors |
SCR | [2019] 17 S.C.R. 1128 |
Judgement Date | 2019-12-10 |
Case Number | 9312 |
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