Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988 |
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 Disposed Off |
Headnote | Motor Vehicles Act, 1988 – Compensation under – Variousheads – Person died in an accident when the motor cycle driven byhim was hit by a car driven by respondent no.3 – MACT grantedRs.3,39,208/- with 7% interest as compensation to respondent nos.1 and 2, father and sister of the deceased – High Court grantedRs.14,21,000/- with interest @ 9% – Challenged by appellant-Insurance Company – Held: High Court’s finding regarding incomeof the deceased to be Rs.6,000/- p.m. is correct – High Courtcorrectly considered respondent nos.1 and 2 to be dependents ofthe deceased, and made a deduction of 1/3rd towards personalexpenses of the deceased – Judgment of the High Court affirmedon this count – Amount awarded by the High Court towards loss oflove and affection is also maintained – However, since deceasedwas 24 years old at the time of the accident, hence, in view of decisionof Supreme Court in Pranay Sethi case, future Prospects is awardedat 40% of the actual income of the deceased, instead of 50% asawarded by the High Court – Further, also in view of decision inPranay Sethi case, compensation of Rs.25,000/- towards funeralexpenses decreased to Rs.15,000/- – Though neither MACT norHigh Court awarded any compensation to respondent nos.1 and 2under “Loss of Estate”, in exercise of power u/Art.142 and in theinterests of justice, Rs.15,000/- awarded under this head – Further,respondent nos.1 and 2 also awarded Rs. 40,000/- each for loss of“Filial Consortium” – Respondent nos.1 and 2 entitled to totalcompensation of Rs.14,25,600/- with interest @ 12% p.a.– Appellantand respondent no. 3 jointly and severally liable to pay thecompensation – Constitution of India – Art.142.Motor Vehicles Act, 1988 – Beneficial Legislation – Purposeof – Discussed. |
Judge | Hon'ble Ms. Justice Indu Malhotra |
Neutral Citation | 2018 INSC 828 |
Petitioner | Magma General Insurance Co. Ltd. |
Respondent | Nanu Ram Alias Chuhru Ram And Ors. |
SCR | [2018] 11 S.C.R. 664 |
Judgement Date | 2018-09-18 |
Case Number | 9581 |
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