Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 142 141 1988 :Sections 140 171 173-Compensation against accident claim 149 146 168 Motor Vehicles Act 166 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 : Sections 140, 141, 142, 146, 149, 166, 168, 171, 173 - Compensation against accident claim - Criteria to be followed by courts - Some guesswork, some hypothetical consideration and some amount of sympathy coupled with the nature and seriousness of injury are all relevant - But all these issues are to be viewed with objective standards - Accident caused to the appellant in which he became permanently incapacitated to work -Required permanent attendant to look after him for the rest of his life - Held, appellant was right in claiming a monthly income of Rs. 2, 000 while working with his father's firm - Absence of documentary evidence to show employment or income inconsequential - Compensation amount awarded by the High Court raised from Rs. 2,25,000 to Rs. 5,00,000. Accident claim - Compensation for person working without being formally employed - Appellant met with an accident at the age of 23 - Became permanently incapacitated - At the time of accident working for the firm of his father - Appellant thus claiming to have been earning Rs. 2000 per month - Held, accident victim can claim regular monthly income for the purposes of calculating the amount of compensation by the court - Some guesswork has to be applied in assessing the loss - Appellant's claim allowed. Damages - Assessment of - In a motor vehicle accident - Held, Court cannot base its opinion merely on speculation or fancy though conjectures to some extent are inevitable. |
Judge | Hon'ble Mr. Justice R.P. Sethi |
Neutral Citation | 1999 INSC 169 |
Petitioner | Ashwani Kumar Mishra |
Respondent | P. Muniam Babu And Ors. |
SCR | [1999] 2 S.C.R. 518 |
Judgement Date | 1999-04-08 |
Case Number | 2158 |
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