Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988: s.168 – Just compensation – Fatal accident – Victim-deceased aged 21-22 years at the time of accident and Third year student in civil engineering – When the deceased died at the young age 21-22 years and was not earning at the time of death/accident, the income for the purpose of determining the future economic loss is always done on the basis of guesswork considering many circumstances namely the educational qualification and background of the family, etc. – Deceased was having a bright future studying in the Third year of civil engineering, his income ought to have been considered at least Rs.10,000/- per month, more particularly considering the fact that the labourers/ skilled labourers were getting Rs.5,000/- per month even under the Minimum Wages Act in the year 2012 – Once such an amount is arrived at he shall be entitled to the addition over the future prospect/ future rise in income – It cannot be disputed that the rise in cost of living would also affect such a person – Thus, even in case of a deceased who was not serving at the time of death and had no income at the time of death, their legal heirs shall also be entitled to future prospects by adding future rise in income. Motor Vehicles Act, 1988: Multiplier – Deceased at the time of accident was aged between 21-22 years – Therefore, the multiplier has to be adopted/applied considering the age of the deceased and not the age of the parents thus, multiplier 18 would apply. Motor Vehicles Act, 1988: Entitlement of claimants to Just Compensation – The claimants are entitled to just compensation – Merely because in the execution proceedings they might have accepted the amount as awarded by the High Court, may be as full and final settlement, it shall not take away the right of the claimants to claim just compensation and shall not preclude them from claiming the enhanced amount of compensation which they as such are held to be entitled to – As such, the Motor Vehicles Act is a benevolent Act and the claimants are entitled to just compensation. As such, the Union of India ought not to have taken such a plea/defence. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 750 |
Petitioner | Smt. Meena Pawaia & Ors. |
Respondent | Ashraf Ali & Ors. |
SCR | [2021] 10 S.C.R. 1009 |
Judgement Date | 2021-11-18 |
Case Number | 6724 |
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