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Supreme Court Orders Insurance Payout Despite FIR Delay : Justice for Victim’s Family

5Aug

By The Legal ChamberNo Comments

Supreme Court

Supreme Court Orders Insurance Payout Despite FIR Delay : Justice for Victim’s Family

The Supreme Court of India overturned the High Court's decision, ruling that the delay in FIR registration and minor discrepancies in eyewitness testimony did not disprove the involvement of the offending vehicle in the accident. The Court upheld the Tribunal's compensation award, emphasizing that the insurer failed to examine the investigating officer to challenge the evidence. The judgment reinforced the principle that technicalities should not override substantive justice in motor accident claims. Facts Of The Case: The case involved a motor accident where the deceased, a school peon, died after his motorcycle collided with a speeding vehicle. His wife and three minor children filed a claim before the Motor Accidents Claims Tribunal (MACT), which awarded them compensation of ₹46,29,15...

Supreme Court Landmark Ruling: Skilled Worker Gets Higher Disability Compensation

The Supreme Court upheld the claimant's appeal, enhancing compensation for permanent disability from 25% to 35% based on medical evidence, rejecting the Tribunal's unsupported reduction. It affirmed Rs. 6,000/month income for the skilled mason, applying future prospects and multiplier method. The Court emphasized expert medical opinion's primacy in disability assessment and awarded Rs. 7.19 lakh with interest, reinforcing just compensation principles under motor accident claims. Facts Of The Case: The appellant, Suresh Jatav, a skilled mason, suffered severe injuries in a motor vehicle accident on 12.08.2002 when a rashly driven bus collided with his auto-rickshaw. He sustained a compound fracture in his right fibula, requiring surgical intervention and hospitalization for six days, as w...

Supreme Court Upholds Higher Compensation for Loss of Income in Road Accident Claim

The Supreme Court enhanced compensation for a road accident victim with 50% disability, revising multiple heads under the Motor Vehicles Act. It increased future income loss by applying a 40% future prospects multiplier and upheld medical expense reimbursement with additional allowances. The judgment reaffirmed principles from Pranay Sethi and Ramachandrappa, ensuring just compensation with 9% interest. Facts Of The Case: The case involves M. Seetharama, a 38-year-old man who suffered severe injuries in a road accident on 25.06.2015 when his bike collided with a rashly driven jeep. An FIR was registered against the jeep driver, confirming negligence. Seetharama sustained multiple fractures, including in his right femur, clavicle, tibia, and fibula, leading to vascular compromise and even...