Tag: future medical expenses

Supreme Court Enhances Compensation: Income Tax Returns Must Be Considered for Accident Claims
Supreme Court

Supreme Court Enhances Compensation: Income Tax Returns Must Be Considered for Accident Claims

The Supreme Court held that for motor accident compensation, the functional disability affecting earning capacity, not just medical disability, is determinative. Income tax returns must be reasonably considered unless proven fabricated. Just compensation includes actual medical expenses proven by vouchers and future medical needs, but future prospects are not awarded when the claimant can continue earning post-disability. Facts Of The Case: On April 9, 2007, the appellant, Anoop Maheshwari, was riding his motorbike when it was hit by a rashly and negligently driven truck. The accident resulted in Maheshwari suffering a severe injury, specifically a hemipelvectomy, which is the amputation of one leg along with a portion of the pelvic bone. The Motor Accidents Claims Tribunal established t...
Supreme Court Reinstates Separate Compensation for “Loss of Enjoyment of Life” in Motor Accident Cases
Supreme Court

Supreme Court Reinstates Separate Compensation for “Loss of Enjoyment of Life” in Motor Accident Cases

The Supreme Court held that compensation for permanent disability is a distinct head from loss of income and cannot be denied merely because the latter is awarded. It further ruled that future medical and attendant charges must account for the victim's full life expectancy, not a restricted period. The Court also reinstated compensation for loss of enjoyment of life and family's pain and suffering, emphasizing these are legitimate and independent heads of claim. Facts Of The Case: On July 3, 2011, the appellant, Kavin, a 21-year-old arts student, was travelling as a passenger in an Omni bus from Coimbatore to Chennai. At around 10:15 PM, the bus, driven rashly and negligently by its driver, dashed against a tamarind tree on the left side of the road. The accident resulted in grievous inj...
Supreme Court’s Key Ruling :Notional Income of an Engineering Student Should Be Higher
Supreme Court

Supreme Court’s Key Ruling :Notional Income of an Engineering Student Should Be Higher

The Supreme Court modified the contributory negligence apportionment to 20% on the claimant, 50% on the car driver, and 30% on the bus driver. It enhanced compensation by revising the notional income calculation for an engineering student and reinstated attendant charges, emphasizing just compensation for 100% disability. Facts Of The Case: On January 7, 2017, the appellant, a 20-year-old engineering student, was riding a motorcycle with a friend on the pillion. A car ahead, driven by respondent no. 2, suddenly applied its brakes on the highway because the driver's pregnant wife felt a vomiting sensation. This caused the appellant to collide with the rear of the car and fall onto the road. Subsequently, a bus, insured by respondent no. 1, which was coming from behind, ran over the appell...
Justice for Disabled Victim: Supreme Court Awards ₹12 Lakh Extra for Disabled Accident Victim’s Future Care”
Supreme Court

Justice for Disabled Victim: Supreme Court Awards ₹12 Lakh Extra for Disabled Accident Victim’s Future Care”

The Supreme Court ruled that insurance companies cannot be compelled to provide non-monetary relief like prosthetic limbs or ongoing medical supervision to accident victims. Emphasizing indemnity principles, the Court held compensation must be monetary, calculating ₹12 lakh for future prosthetic/wheelchair needs. It overturned the High Court's directive for in-kind support, reaffirming insurers' liability is limited to pecuniary compensation under motor accident laws. The judgment clarifies that "just compensation" under Section 168 of the Motor Vehicles Act excludes imposing perpetual welfare obligations on insurers. Facts Of The Case: The case arose from a motor accident on 21.12.2008, where respondent Suraj Kumar, a 22-year-old tempo cleaner, suffered severe injuries...