Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Injuries Motor Vehicles Act Compensation |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Transport Workers Act, 1961 (27 of 1961) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Motor Vehicles Act, 1988 – Just compensation – Personal injury cases – Victim (minor) was travelling on a tractor with her parents when it was hit by a truck – She suffered serious injuries resulting in damage to her brain – Disability was assessed as 100% – Disability certificate stated that as per assessment her I.Q. is less than 20% of a child of her age and her social age is only of a 9 month old child – Motor Accident Claims Tribunal (MACT) awarded Rs.11,08,501/- and held that since there was violation of terms of policy, the insurance company would pay the amount but would be entitled to recover the same from the owner – High Court enhanced it to Rs.25,78,501/- – On appeal, held: Injuries cause deprivation to the body which entitles the claimant to claim damages – Damages may vary according to the gravity of the injuries sustained by the claimant in an accident – Compensation should neither be assessed very conservatively, nor assessed in so liberal a fashion so as to make it a bounty to the claimant – Court while assessing the compensation should have regard to the degree of deprivation and the loss caused by such deprivation – Such compensation is what is termed as just compensation – Rs.62,27,000/- is awarded to the claimant, inter alia under expenses relating to treatment; hospitalization and transportation; loss of earnings (family members); loss of future earnings; pain, suffering & loss of amenities etc., with interest @7.5% p.a. from the date of filing of the claim petition till payment of the amount – Insurance company entitled to adjust the amount already paid and to recover the amount from the owner in terms of the award of MACT, which was not challenged either before High Court or Supreme Court – Amount awarded is more than the amount claimed – In motor accident claim petitions, the Court must award just compensation and, in case, the just compensation is more than the amount claimed, that must be awarded especially where the claimant is a minor.Motor Vehicles Act, 1988 – Minor Claimant – Compensation – Guidelines for investment of – Discussed.Motor Vehicles Act, 1988 – Compensation – Grant of interest – Held: Normally interest should be granted from the date of filing of the petition and if in appeal enhancement is made the interest should again be from the date of filing of the petition– Only if the appeal is filed after an inordinate delay by the claimants, or the decision of the case has been delayed on account of negligence of the claimant, in such exceptional cases the interest may be awarded from a later date – While doing so, the tribunals/High Courts must give reasons why interest is not being paid from the date of filing of the petition |
Judge | Hon'ble Mr. Justice Deepak Gupta |
Neutral Citation | 2020 INSC 135 |
Petitioner | Kajal |
Respondent | Jagdish Chand & Ors. |
SCR | [2020] 3 S.C.R. 622 |
Judgement Date | 2020-02-05 |
Case Number | 735 |
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