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Supreme Court Boosts Payout for Minor’s Permanent Disability in Kerala Accident

28Jan

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Boosts Payout for Minor’s Permanent Disability in Kerala Accident

The Supreme Court enhanced compensation for a minor with 77.1% permanent disability by applying established legal parameters from precedents like Pranay Sethi. It recalculated loss of future earnings using a multiplier of 15 and 40% future prospects, and awarded standardized sums under conventional heads including pain and suffering, loss of amenities, and loss of marriage prospects. Facts Of The Case: The case pertains to a motor accident on 19.04.2002 involving a 14-year-old minor student travelling in an auto-rickshaw which was hit by a lorry insured with respondent No. 3. The appellant suffered injuries resulting in 77.1% permanent disability. The Motor Accident Claims Tribunal initially awarded Rs. 1,73,000/- with interest. On appeal, the High Court enhanced the compensation b...

Supreme Court Upholds 25% Future Prospects, Awards Consortium to All Children in Accident Case

The Supreme Court enhanced compensation by determining the income of a deceased mason, a skilled labourer, without documentary proof, by applying judicial precedent and accounting for inflationary trends. It upheld the application of standard multipliers, future prospects, and conventional heads as per established principles in motor accident claim jurisprudence. Facts Of The Case: The case arose from a motor accident that resulted in the death of the sole breadwinner of a family. The deceased, a 43-year-old mason, was claimed by the appellants (his wife and three minor children) to have been earning an income of ₹400 per day. However, as there was no documentary proof of his earnings, the Motor Accidents Claims Tribunal adopted a lower daily wage of ₹189, a figure which was later confir...

Not Just Salaried: Supreme Court Rules Self-Employed Accident Victims Get Future Income Rise

The Supreme Court held that self-employed claimants are entitled to future prospects, affirming the principles in Santosh Devi and Pranay Sethi. It further ruled that uncontroverted medical evidence on disability must be accepted in its entirety, and the percentage of disability assessed by the treating doctor cannot be arbitrarily reduced by the Tribunal or High Court without reasoning. Facts Of The Case: On November 19, 2016, at approximately 6:00 a.m., the appellant, Lokesh B, a 38-year-old tailor, was driving his Omni car on the Peenya flyover in Bengaluru. His vehicle collided with a stationary lorry that was allegedly parked in the middle of the flyover without any indicators or reflective warnings. As a result of the collision, Lokesh sustained grievous injuries, including skull f...