Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Legal representative Motor Vehicles Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act,1988: Legal representative – Meaning of – Mother in law of deceased – Claim petition, maintainability – The term ‘legal representative’ should be given a wider interpretation for the purpose of Chapter XII of MV Act and it should not be confined only to mean the spouse, parents and children of the deceased – MV Act is a benevolent legislation enacted for the object of providing monetary relief to the victims or their families – Therefore, the MV Act calls for a liberal and wider interpretation to serve the real purpose underlying the enactment and fulfil its legislative intent – In order to maintain a claim petition, it is sufficient for the claimant to establish loss of dependency – s.166 of the MV Act makes it clear that every legal representative who suffers on account of death of a person in a motor accident should have a remedy for realization of compensation – Materials on record clearly establish that mother-in-law of victim-deceased was residing with him – She was dependent on him for her shelter and maintenance – It is not uncommon in Indian Society for the mother-in-law to live with her daughter and son-in-law during her old age and be dependent upon her son-in-law for her maintenance – She may not be a legal heir of the deceased, but she certainly suffered on account of his death – Therefore, she is a “legal representative” under s.166 of the MV Act and is entitled to maintain a claim petition. Motor Vehicles Act, 1988: Split multiplier – Applicability of – At the time of calculation of the income, the Court has to consider the actual income of the deceased and addition should be made to take into account future prospects – While the evidence in a given case may indicate a different percentage of increase, standardization of the addition for future prospects should be made to avoid different yardsticks being applied or different methods of calculation being adopted – In Pranay Sethi, the Constitution Bench has directed addition of 15% of the salary in case the deceased was between the age of 50 to 60 years as a thumb rule, where a deceased had a permanent job – In view of that, High Court was not justified in applying split multiplier in the instant case. B Motor Vehicles Act, 1988: s.166 – Deceased aged 52 years at the time of his death and having a permanent job – Applicable multiplier is ‘11’ – 15% of his actual salary should be added towards future prospectus – Four dependents left behind by the deceased – Hence, 1/4 th of the income (actual salary + future prospects) should be deducted towards his personal expenses – In Pranay Sethi, this Court has awarded a total sum of Rs.70,000/- under conventional heads, namely, loss of estate, loss of consortium and funeral expenses and the said sum should be enhanced at the rate of 10% in every three years – The judgment in Pranay Sethi was rendered in the year 2017 – Therefore, in the instant case, the claimants are entitled for 10% enhancement. |
Judge | Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2021 INSC 666 |
Petitioner | N. Jayasree & Ors. |
Respondent | Cholamandalam Ms General Insurance Company Ltd. |
SCR | [2021] 6 S.C.R. 1001 |
Judgement Date | 2021-10-25 |
Case Number | 6451 |
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