Tag: loss of amenities

Just Compensation Explained: Supreme Court Raises MACT Award from Rs 30 Lakh to Rs 85 Lakh
28Dec By The Legal ChamberNo Comments
Supreme Court

Just Compensation Explained: Supreme Court Raises MACT Award from Rs 30 Lakh to Rs 85 Lakh

The Supreme Court enhanced compensation by applying established principles under the Motor Vehicles Act. It awarded amounts under non-pecuniary heads like marriage prospects and pain & suffering, and granted attendant charges for two attendants, citing precedents to ensure just and equitable restitution for the claimant's 100% disability. Facts Of The Case: The claimant-appellant, Reshma, aged 24, suffered severe injuries in a motor vehicle accident on February 23, 2015, due to the rash and negligent driving of the offending vehicle, which was duly insured. The Motor Accidents Claims Tribunal (MACT) initially awarded compensation of ₹30,24,800, assessing her income at ₹10,000 per month and her disability at 100%. Dissatisfied, she appealed to the High Court, which enhanced the total ...
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Supreme Court Boosts Accident Compensation, Rejects “Minimum Wage” for Student
22Nov By The Legal ChamberNo Comments
Supreme Court

Supreme Court Boosts Accident Compensation, Rejects “Minimum Wage” for Student

The Supreme Court enhanced compensation by revising the income assessment from minimum wages to a prospective income of an accountant, factoring in future prospects as per Pranay Sethi. It also awarded additional future medical expenses, upholding the insurer's liability for verified costs incurred due to the victim's paraplegia. Facts Of The Case: On 24th October 2001, a 20-year-old man, Sharad Singh, was travelling pillion on a motorcycle when it was hit from behind by a rashly and negligently driven car. The impact caused him to fall onto the road, and he was subsequently run over by the same car. The accident resulted in a C4-5 fracture, rendering him a paraplegic with 100% disability, as certified by AIIMS, and confined him to a bed-ridden state until his death in 2021. The offendin...
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Tribunal’s Income Assessment Upheld: Supreme Court Partially Allows Appeal in Injury Claim Case
22Nov By The Legal ChamberNo Comments
Supreme Court

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...
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Supreme Court Enhances Compensation: Income Tax Returns Must Be Considered for Accident Claims
11Oct By The Legal ChamberNo Comments
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...
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Supreme Court Reinstates Separate Compensation for “Loss of Enjoyment of Life” in Motor Accident Cases
25Sep By The Legal ChamberNo Comments
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...
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Not Just Salaried: Supreme Court Rules Self-Employed Accident Victims Get Future Income Rise
8Sep By The Legal ChamberNo Comments
Supreme Court

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...
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Supreme Court : Legal Heirs Can Claim Compensation Even After Victim’s Death
4Aug By The Legal ChamberNo Comments
Supreme Court

Supreme Court : Legal Heirs Can Claim Compensation Even After Victim’s Death

The Supreme Court upheld that legal heirs of a deceased accident victim can pursue compensation for losses incurred during the victim’s lifetime, treating it as part of the victim’s estate. Relying on Oriental Insurance Co. v. Jasmail Singh Kahlon, the Court affirmed that compensation for disability, pain, and future treatment survives the victim’s death. It enhanced the awarded amount, applying a 110% multiplier to income loss and granting additional sums for medical expenses and non-pecuniary damages, ensuring the heirs receive the rightful estate. The judgment reinforces the principle that motor accident claims extend beyond the victim’s lifetime if the cause of action accrued while alive. Facts Of The Case: In 2005, Meena, a 50-year-old woman, suffered 100% disability in a bus accide...
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