Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles – Motor Accident Claim |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles – Motor Accident Claim – Compensation – Computation of – Claim for enhancement – Deceased, around 21 years of age, was riding a motorcycle along with his friend when they collided with a bus belonging to respondent-Corporation – Plea of appellants that compensation granted by High Court be further enhanced as High Court did not provide for future prospects while computing the compensation amount under the head ‘loss of dependency’ – Held: Applying the dictum of Constitution Bench in National Insurance Company Ltd. case, the claim of appellants for grant of future prospects at the rate of 40% of the established income is justified – High Court took the earning of deceased at the relevant time as Rs.4,000/- p.m., but did not provide 40% towards future prospects on the established income of the deceased – Thus, in the facts of the present case, monthly loss of dependency would be Rs.4,000 + 1,600 = Rs.5,600/- – Amount awarded by High Court towards loss of dependency accordingly stands modified from Rs.4,32,000/- to Rs.6,04,800/- with interest @ 9% p.a. – Respondent to deposit the entire award amount with interest @ 9% p.a., less the amount already deposited if any – Appellants shall be entitled to the compensation in the proportion specified by Tribunal. |
Judge | Hon'ble Mr. Justice A.M. Khanwilkar |
Neutral Citation | 2018 INSC 127 |
Petitioner | Munusamy & Ors. |
Respondent | The Managing Director, Tamil Nadu State Transport Corporation (villupuram) Ltd. |
SCR | [2018] 2 S.C.R. 629 |
Judgement Date | 2018-02-09 |
Case Number | 1754 |
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