Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988 |
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: Fatal accident – Compensation – Enhancement of – Death of housewife aged 25 years in a vehicular accident – Award of compensation of Rs. 19,12,200/- with interest under different heads by the tribunal, enhanced to Rs. 29,34,000/- with interest at the rate of 7.5 per cent by the High Court – On appeal, held: Deceased was a housewife aged 25 years and was taking tuition, the High Court ought to have considered her income at least Rs. 7,500/- – High Court did not consider the future aspect and while considering the loss of dependency 40% of the income is to be added towards future prospects – Thus, claimants entitled to Rs 1 lakh instead of Rs. 50,000 for loss of foetus, Rs. 40,000/- each towards loss of consortium or loss of love and affection – Claimant entitled to compensation at Rs. 32,82,000/- with interest at the rate of 7.5 % per annum – Order passed by the High Court modified. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 1130 |
Petitioner | Shiv Kumar & Ors |
Respondent | Gainda Lal & Ors. |
SCR | [2022] 14 S.C.R. 1042 |
Judgement Date | 2022-10-21 |
Case Number | 7629 |
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