Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1988: s. 166 -- Fatal motor accident 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 -- Fatal motor accident - Compensation -- Tribunal and High Court ignoring to award compensation towards future prospects -- Awarding meager amounts under heads --"loss of consortium" and "funeral expenses"- Held: At the time of fixing such compensation, court should not succumb to niceties or technicalities to grant just compensation -- It is the duty of court to equate, as far as possible, the misery on account of accident with compensation so that the injured or dependants should not face vagaries of life on account of discontinuance of income earned by victim -- Therefore, it will be the bounden duty of Tribunal to award just, equitable, fair and reasonable compensation considering the price index prevailing at the moment and judging the situation prevailing -- Compensation under the head "future prospects of deceased" to be calculated by adding 30% to monthly income and by deducting 1/3 towards personal expenses -- Compensation under the heads "loss of consortium" and "funeral expenses" enhanced -- Interest to be paid @ 8% instead of 6% awarded by Tribunal from the date of application till payment -- Interest. |
Judge | Hon'ble Mr. Justice Pinaki Chandra Ghose |
Neutral Citation | 2014 INSC 204 |
Petitioner | Smt. Savita |
Respondent | Bindar Singh & Ors. |
SCR | [2014] 3 S.C.R. 810 |
Judgement Date | 2014-03-25 |
Case Number | 4001 |
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