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 | Indian Contract Act, 1872 (9 of 1872) Motor Vehicles Act, 1988 (59 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988:s. 168 – Fatal accident – Claim for compensation – Incomeof deceased Rs. 58,565/- p.m – Tribunal for the purpose ofcompensation assessed the monthly income of deceased at Rs.50,000/- p.m – Deducting 1/3 for his personal expenses, andapplying multiplier of 11 assessed the compensation atRs. 40,00,000/- for loss of income and Rs. 90,000/- towards otherheads – Thus, awarded total compensation at Rs. 40,90,000/- – Onappeal of insurance company plea that payment of sum ofRs. 50,082/- p.m. to the claimants under employees Family BenefitScheme should be deducted while computing compensation towardsloss of income – High Court reduced the compensation amount toRs. 36,00,000/- – On appeal, held: Deductions cannot be allowedfrom the amount of compensation either on account of insurance,or on account of pensionary benefits or gratuity or grant ofemployment to a kin of the deceased – Deduction can be orderedonly where the tort-feasor satisfies the court that the amount hasaccrued to the claimants only on account of death of the deceasedin a motor vehicle accident and not where the amount accrues as aresult of contract or act which the deceased performed in his lifetime– In the facts of the case amount received under the Schemecannot be deducted – However, since the claimants are getting quitean advantage, they are not entitled to claim another amount @ 15%by way of future prospects – Amount under the Scheme more thanoffsets the loss of future prospects – Taking the last drawn incomeas Rs. 58,565/- compensation amount is enhanced toRs. 50,00,000/- with interest @ 9% p.a. from the date of filing ofthe petition till the payment of the amount.Judgments:Reasons of judgments – Need for – Held: Reasons are theheart and soul of any judicial pronouncement – No judicialpronouncement is complete without reasons. |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2018 INSC 967 |
Petitioner | Sebastiani Lakra And Ors. |
Respondent | National Insurance Company Ltd. And Anr. |
SCR | [2018] 13 S.C.R. 1053 |
Judgement Date | 2018-10-12 |
Case Number | 10588 |
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