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 - Fatal Accident - Compensation - Determination of |
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 Accident - Compensation - Determination of - Deceased aged 46 years - Claimants-wife and two minor children - Tribunal awarded compensation of Rs. 20.90 lacs while High Court reduced it to Rs. 5.76 lacs by determining monthly income on the basis of income tax return of the deceased - Appeal for enhancement of compensation - Held: High Court was correct in determining the monthly income on the basis of the income tax return, however, erred in making deductions under various heads to arrive at the net income instead of ascertaining the gross income of the deceased - Moreover, since deceased was 46 years of age at the time of death, compensation ought to have been determined by taking 30% increase in the future prospects of income and by adopting a multiplier of 13 - Award of Rs. 30, 000/- towards loss of consortium and Rs. 20, 000/- each towards loss of love and affection by the minor children awarded by High Court was on the lower side - Accordingly, compensation of Rs. 1 lakh each awarded towards loss of consortium and towards loss of love and affection - Apart from this, Rs. 1 lakh awarded towards loss of estate and Rs. 1 lakh towards loss of expectation of the life of the deceased - Further, Rs. 50, 000/- also awarded for funeral expenses and cost of litigation - Thus, total sum of Rs. 14.51 lakh awarded to appellants-claimants as compensation alongwith interest @ 9% p.a. |
Judge | Hon'ble Mr. Justice V. Gopala Gowda |
Neutral Citation | 2014 INSC 302 |
Petitioner | Kalpanaraj |
Respondent | Tamil Nadu State Transport Corporation |
SCR | [2014] 6 S.C.R. 577 |
Judgement Date | 2014-04-22 |
Case Number | 3461 |
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