Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988: s. 166 - Motor accident |
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 - Motor accident - Just and reasonable compensation - 16 years old bright student became permanently disabled - Compensation under the head 'loss of earning', 'pain and suffering', ' loss of amenities', 'loss of enjoyment of marriage' etc. - Held: High Court on the basis of medical evidence has rightly arrived at the conclusion that appellant has suffered 70% of permanent disablement - However, the assumption of courts below as regards monthly notional income of 6,000/- is on the lower side - Appellant is a brilliant student as she has secured first rank in 10th Standard, she would have had a better future in terms of educational career and employment prospects, which are lost as a result of her being permanently disabled - Therefore, for computation of just and reasonable compensation, under the head 'loss of income', her monthly income is to be taken as Rs. 10, 000/- and 50% of it to be added towards future prospects of income - Compensation towards pain and suffering enhanced to Rs.2,00,000/- - Compensation under head loss of amenity and attendant charges enhanced to Rs. 2,00,000/- - Compensation under head of 'loss of enjoyment of life and marriage prospects' enhanced to Rs. 3,00,000/- - Rs. 50,000/- for purchase of crutches and Rs.25,000/- towards cost of litigation also awarded-Appellant, thus, entitled to a total compensation of Rs. 30, 93, 000/- with 9% interest from date of application till payment.s. 166 - Motor accident claim - Period taken in disposal - Inflation - Effect of - Held: Having regard to undisputed fact that there has been inflation of money since the accident, the same has to be taken into account by Tribunal and appellate court while awarding compensation to claimant- appellant as per the principle laid down by Supreme Court. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2014 INSC 344 |
Petitioner | V. Mekala |
Respondent | M. Malathi & Anr. |
SCR | [2014] 5 S.C.R. 774 |
Judgement Date | 2014-04-25 |
Case Number | 4880 |
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