Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1988: s. 166 - Motor Vehicles Act |
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: s. 166 - Compensation - Fatalaccident due to rash and negligent driving - Deceased aged22 years, a housewife and doing embroidery and knitting work- Tribunal assessed the income of the deceased at Rs. 1500p.m. -After deducting 113rd for personal expenses and afteradopting multiplier of 18, tribunal calculated the loss ofdependency at Rs. 2. 16 lacs - Driver/owner of offendingvehicle filed appeal - High Court partly allowed the appealtaking the income of the deceased at Rs. 1350 p. m. anddeducting 1/3rd for personal expenses, held the claimantsentitled to compensation of Rs. 2. 09 lacs - On claimant'sappeal, held: Considering the nature of work and evidenceof witnesses, the deceased would not have earned less thanRs.3000 p.m. had she been alive - Even otherwise, asdeceased was a home maker, it is reasonable to fix herincome at Rs.3000. p.m. - Deducting 1/Jrd for personalexpenses contribution of the deceased is calculated atRs.2,0001- p.m. - Taking multiplier to be adopted is 18- Totalloss of dependency comes to Rs. 4, 32, 0001- (Rs. 2000 x 12 x18) - Rs. 1, 00, 0001- awarded towards loss of consortium andRs.1, 00, 0001- towards loss of love and affection to the minorchildren - Towards loss of estate and funeral expenses, awardof compensation of Rs. 15, 0001- awarded by the High Courtis maintained - Thus, the claimants are entitled to a totalcompensation of Rs.6,47,0001- - As against the awardpassed by the tribunal even though the claimants have notpreferred any appeal and even though the claimants have then prayed for compensation of Rs.2.96 lacs for doing Acomplete justice to the parties, exercising jurisdiction u/Artic/e142 of the Constitution of India, it is deemed appropriate toaward enhanced compensation of Rs. 6,47,0001 to theclaimants - Constitution of India, 1950 -Article 142. |
Judge | Hon'ble Ms. Justice R. Banumathi |
Neutral Citation | 2015 INSC 89 |
Petitioner | Jitendra Khimshankar Trivedi & Ors. |
Respondent | Kasam Daud Kumbhar & Ors. |
SCR | [2015] 2 S.C.R. 120 |
Judgement Date | 2015-02-03 |
Case Number | 1415 |
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