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(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 – Injuries causing 100% disability – Determination of just and reasonable compensation – Pecuniary damages and non-pecuniary damages – Appellant-claimant suffered 100% permanent disability in a road accident when he was five and half years of age – Motor Accident Claims Tribunal granted compensation of Rs. 9,00,000/-, High Court enhanced the compensation to Rs. 23,20,000/- – On appeal, held: Taking guidance from the judgment of Kajal v. Jagdish Chand and Others reported as [2020] 3 SCR 622 for determination of the compensation in the present case, the multiplier of 18 shall be applicable – On facts, the amount determined for payment of the compensation in pecuniary heads (i.e. the loss of future earning, medical expenses including future medical expenses, attendant charges and transportation including future transportation) comes to Rs. 46,62,000/- and in non-pecuniary heads (mental and physical pain, sufferings present and in future, loss of amenities of life including loss of marital bliss, loss of expectancy in life, inconvenience, hardship, discomfort, disappointment, frustration, mental agony in life etc.) comes to Rs. 5,00,000/- – Total compensation comes to Rs. 51,62,000/- – Enhanced amount of Rs. 28,42,000/- to carry interest @ 6.5% p.a. from the date of filing the claim petition till its realization.'Motor Vehicles Act, 1988 – Determination of just compensation – Multiplier method – Held: Multiplier method has been recognized as most realistic and reasonable because it has been decided looking to the age, inflation rate, uncertainty of life and other realistic needs – Thus, for determination of just compensation to ensure justice with the family of deceased or the injured as the case may be the compensation can be determined applying said method – Not only for determination of future loss of earning but for attendant charges also the multiplier method should be followed – Therefore, in the present case, the Tribunal while granting the compensation of future loss as well as earning only for 10 years and attendant charges only for 20 years was not justified – Said amount should be determined applying the multiplier method. Motor Accident Claims – Compensation – Determination of – Basis for, reason for awarding such compensation, applying the uniform methodology comparable to the injuries – English Judgments vis-à-vis Indian Law – Discussed.Motor Vehicles Act, 1988 – Non-pecuniary damages – “pain, shock and suffering” – Multiple factors to be considered from the date of accident – Discussed. |
Judge | Hon'ble Mr. Justice J.K. Maheshwari |
Neutral Citation | 2022 INSC 662 |
Petitioner | Abhimanyu Partap Singh |
Respondent | Namita Sekhon & Another |
SCR | [2022] 16 S.C.R. 1 |
Judgement Date | 2022-07-06 |
Case Number | 4648 |
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