Tag: Fatal Accident

Supreme Court Boosts Compensation: Sets Minimum Income for Accident Victims
11Oct By The Legal ChamberNo Comments
Supreme Court

Supreme Court Boosts Compensation: Sets Minimum Income for Accident Victims

In a significant ruling on motor accident claims, the Supreme Court reinforced the principles from Pranay Sethi and Somwati. The Court established that the income of a deceased, even if not fully substantiated, cannot be assessed lower than the notional income of an unskilled labourer, with due consideration for annual increments. It upheld the application of standard multipliers, future prospects, and clarified that loss of consortium is payable to spouses, children, and dependent parents. Facts Of The Case: In a tragic accident on July 25, 2010, four friends from Bijapur on a pilgrimage to Shirdi lost their lives when their car was involved in a head-on collision with a rashly and negligently driven goods lorry on NH-13. The case concerns one of the deceased, a qualified pharmacist, wh...
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Proximity Not Proof: Supreme Court on Accident Injury and Death Five Months Later
11Oct By The Legal ChamberNo Comments
Supreme Court

Proximity Not Proof: Supreme Court on Accident Injury and Death Five Months Later

The Supreme Court dismissed the appeal, upholding the High Court's finding that the death was not a direct consequence of the motor accident injuries. The legal requirement of establishing a direct causal nexus between the accident and the death was not satisfied, as the medical evidence indicated the fatality was a possible after-effect of the surgery and the victim's pre-existing conditions, not the injuries themselves. Facts Of The Case: On April 29, 2006, an Excise Guard died following injuries sustained in a motorcycle accident. The accident occurred when the motorcycle he was riding collided with another motorcycle. He was initially hospitalized from April 29 to May 3, 2006, for injuries including a compound fracture of multiple metatarsals in his right foot and a fracture in his l...
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Supreme Court: Father’s Hearsay Statement Cannot Overturn a Dying Declaration
14Sep By The Legal ChamberNo Comments
Supreme Court

Supreme Court: Father’s Hearsay Statement Cannot Overturn a Dying Declaration

The Supreme Court held that a High Court, in its revisional jurisdiction, cannot re-appreciate evidence to overturn an acquittal. It can only correct glaring errors. Finding no such error and that the dying declaration did not establish the charges, the Court restored the Trial Court's order of acquittal. Facts Of The Case: The case originated from an incident on June 14, 2005, in which a woman sustained fatal burn injuries in a fire at her marital home. Her husband (Appellant 1) and another accused (Appellant 2) were charged under Sections 498A (cruelty) and 306 (abetment of suicide) of the Indian Penal Code. The prosecution alleged that the appellants harassed the deceased and that the fire was a result of a deliberate act. The core of the prosecution's case was a dying declara...
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Supreme Court Landmark Ruling : Death During Travel to Workplace is an Employment Injury
25Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court Landmark Ruling : Death During Travel to Workplace is an Employment Injury

The Supreme Court ruled that an accident occurring during an employee's commute arises "out of and in the course of employment" under the Employees' Compensation Act, 1923. It held that the beneficial interpretation from a parallel amendment in the ESI Act is applicable, requiring only a established nexus between the commute and employment. Facts Of The Case: Shahu Sampatrao Jadhavar, employed as a watchman by a sugar factory, was scheduled for duty from 3:00 AM to 11:00 AM on April 22, 2003. While commuting from his residence to the workplace on his motorcycle, he was involved in a fatal accident approximately 5 kilometers from the factory premises, never arriving for his shift. His dependents, including his widow, four children, and mother, filed a claim for compensation under the Empl...
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Supreme Court Rejects Salary Cut: Widow, Kids, and Parents Get Full Compensation in Fatal Truck Accident Case”
21May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Rejects Salary Cut: Widow, Kids, and Parents Get Full Compensation in Fatal Truck Accident Case”

The Supreme Court restored the Tribunal’s compensation award for the family of a deceased truck driver, rejecting the High Court’s reduction of income from ₹10,000 to ₹4,076 per month. Citing Ramachandrappa v. Royal Sundaram Alliance, it upheld ₹10,000 as justified wages for 2014. The Court also affirmed loss of consortium for children and parents under Somwati v. New India Assurance, stressing equitable apportionment. The judgment reinforces fair compensation principles in motor accident claims, emphasizing statutory and precedential rights of dependents. Facts Of The Case: The case involved a fatal motor accident where a truck driver, aged 28, was hit and killed by another negligently driven truck while he was boarding his parked vehicle. The deceased’s legal representatives—his wido...
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