Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988: Claims and legal liabilities crystallise at the time of accident itself – Any changes post thereto, ought not to ordinarily affect pending proceedings – Just like how claimants cannot rely upon subsequent increases in minimum wages, the insurer too cannot seek benefit of the subsequent death of a dependent during the pendency of legal proceedings – Similarly, any concession in law made in this regard by either counsel would not bind the parties. B C D Concession in law: Permissibility, extent of – Held: Advocates cannot throw away legal rights or enter into arrangements contrary to law – Motor Vehicles Act, 1988. Motor Vehicles Act, 1988: Assessment of income in the absence of evidence – Held: In the instant case, although it is correct that the claimants were unable to produce any document evidencing victim-husband’s income, nor they established his employment as a teacher; but that would not justify adoption of the lowest-tier of minimum wage while computing his income – From the statement of witnesses, documentary evidence-on-record and circumstances of the accident, it is apparent that victim was comparatively more educationally qualified and skilled – Further, he maintained a reasonable standard of living for his family as evidenced by his use of a motorcycle for commuting – Preserving the existing standard of living of a deceased’s family is a fundamental endeavour of motor accident compensation law – Thus, the minimum wage of Rs 6197 as applicable to skilled workers applied in his case. Motor Vehicles Act, 1988: Future prospects – In case the deceased was self-employed or on a fixed salary, an addition of 40% of the established income should be the warrant where the deceased was below the age of 40 years – An addition of 25% where the deceased was between the age of 40 to 50 years and 10% where the deceased was between the age of 50 to 60 years should be regarded as the necessary method of computation – The established income means the income minus the tax component – The argument that no future prospects ought to be allowed for those with notional income, is both incorrect in law and without merit considering the constant inflation-induced increase in wages. Motor Vehicles Act, 1988: Calculation of notional income for homemakers and the grant of future prospects with respect to them, for the purposes of grant of compensation – Determining factors, discussed. (Per N.V. Ramana, J – Supplementing). |
Judge | Hon'ble Mr. Justice Surya Kant |
Neutral Citation | 2021 INSC 6 |
Petitioner | Kirti & Anr. Etc. |
Respondent | Oriental Insurance Company Ltd. |
SCR | [2021] 1 S.C.R. 989 |
Judgement Date | 2021-01-05 |
Case Number | 19 |
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