Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor accident: Compensation |
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 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor accident: Compensation – Enhancement – Selfemployed, skilled carpenter met with motor accident – Income takenas 4050/- and disability assessed at 90% - Award ofRs.12,81,228/- as compensation by the tribunal, however the HighCourt awarded an additional amount of Rs.2,19,000/- – On appealheld: Claim of the victim that his earnings were Rs. 6,000/- pm cannotbe regarded as being unreasonable or contrary to a realisticassessment of the situation on the date of the accident – As regards,the benefit of future prospects, being self-employed person, additionof 40 per cent of the established income should be made where theage of the victim at the time of the accident was below 40 years,thus, the victim entitled to an enhancement of Rs. 2400/- towardsloss of future prospects – Victim has suffered a serious disability inwhich he has suffered a loss of the use of both his hands – He isunable to even eat or to attend to a visit to the toilet without theassistance of an attendant – Disability is indeed total – Thus, thevictim awarded a total sum of Rs. 25,38,308/- by way ofcompensation, payable on account of the loss of income, includingfuture prospects, pain, suffering and loss of amenities, medicalexpenses, with interest at the rate of 9 per cent per annum on thecompensation from the date of the filing of the claim petition. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2018 INSC 211 |
Petitioner | Jagdish |
Respondent | Mohan & Ors. |
SCR | [2018] 3 S.C.R. 20 |
Judgement Date | 2018-03-06 |
Case Number | 2217 |
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