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

22Nov

By The Legal ChamberNo Comments

Supreme Court

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...

Tribunal’s Income Assessment Upheld: Supreme Court Partially Allows Appeal in Injury Claim Case

The Supreme Court partially restored the Tribunal's compensation award, upholding the adopted monthly income and modifying attendant charges. It clarified that in the absence of a cross-appeal by the claimant, enhancement beyond the Tribunal's award or addition of future prospects cannot be claimed against the insurer's appeal. Facts Of The Case: On January 5, 2013, the appellant, Ramar, was standing by the side of the road when a rashly and negligently driven lorry hit him. The accident resulted in grievous injuries, leading to the amputation of his right leg from the thigh and a crush injury to his left leg, which paralyzed it. Medical evidence presented before the Tribunal, including the testimony of treating doctors and hospital records, proved the nature of the injuries and as...

Supreme Court Ruling: Family of US-Based Driver Wins Enhanced Compensation

The Supreme Court, applying the principles established in National Insurance Co. Ltd. v. Pranay Sethi, held that a self-employed person, even one working abroad, is entitled to an addition of 40% of their established income towards future prospects when computing compensation in motor accident claims. The Court enhanced the compensation by recalculating the loss of dependency and conventional heads as per the standardized formula mandated by the Constitution Bench. Facts Of The Case: The case arose from a motor accident that occurred on 31st August 2007 at approximately 3:00 a.m. at Nirmal Kutia Chowk, Karnal. The deceased, Rajinder Singh Mihnas, a 31-year-old U.S. national, was travelling in a car from Delhi to Hoshiarpur when it was struck by a rashly and negligently driven Swaraj Mazd...