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 Referred Case 9 Referred Case 10 Referred Case 11 Referred Case 12 Referred Case 13 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Reference Answered |
Headnote | Motor Vehicles Act, 1988: s. 166 - Motor accident - Compensation - Computation of - Multiplier - Additional income for future prospects - Deduction towards income tax as also personal expenses - Held: It is high time that the courts move to a standard method of selection of multiplier, income for future prospects and deduction for personal and living expenses - In the applications for compensation made u/s 166 in death cases where the age of deceased is 15 years and above, Claims Tribunals shall select the multiplier as indicated in Column (4) of the table prepared in Sarla Verma read with the relevant para of that judgment - As a result, there is no necessity for Claims Tribunals to seek guidance or for placing reliance on the Second Schedule in the 1988 Act - In cases where the age of the deceased is up to 15 years, irrespective of s. 166 or s. 163A under which the claim for compensation has been made, multiplier of 15 and the assessment as indicated in the Second Schedule subject to correction as pointed out in Column (6) of the table in Sarla Verma should be followed - For determination of compensation in death cases, and for making addition to income for future prospects and deduction in case of taxable salary, guidelines laid down in Sarla Verma's case shall be followed - Further, with regard to deduction for personal expenses ordinarily the judgment in Sarla Verma's case, subject to the observations made in the instant judgment, shall be followed.s. 168 - 'Just compensation' - Held: The expression, Just' means that the amount so determined is fair, reasonable and equitable by accepted legal standards.In the instant appeals referred by a two-Judge Bench for decision of a larger Bench, the question for consideration before the Court was: "whether while considering an application for compensation made u/s 166, the multiplier specified in the Second Schedule can be taken to be guide for determination of amount of the compensation." |
Judge | Honble Mr. Justice R. M. Lodha |
Neutral Citation | 2013 INSC 200 |
Petitioner | Reshma Kumari And Ors. |
Respondent | Madan Mohan And Anr. |
SCR | [2013] 2 S.C.R. 706 |
Judgement Date | 2013-04-02 |
Case Number | 4646 |
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