Tag: loss of income

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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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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Supreme Court Clarifies Dependency Rights in Accident Claims: Key Takeaways on Legal Heirs & Dependency
17May By The Legal ChamberNo Comments
Supreme Court

Supreme Court Clarifies Dependency Rights in Accident Claims: Key Takeaways on Legal Heirs & Dependency

The Supreme Court upheld the High Court's decision denying enhanced compensation to the married daughter (Appellant No. 1) under the Motor Vehicles Act, 1988, as she failed to prove financial dependency on the deceased. However, it reversed the dismissal of the mother’s (Appellant No. 2) claim, awarding her ₹19.22 lakhs, recognizing her dependency and applying principles from Pranay Sethi and Sarla Verma for just compensation. The ruling clarified that legal heirs must establish dependency for loss-of-income claims, except under Section 140’s no-fault liability. Facts Of The Case: On January 26, 2008, Smt. Paras Sharma died in a road accident when a Rajasthan Roadways bus, negligently taking a sudden right turn, crushed her two-wheeler. Her married daughter (Appellant No. 1) and elderly ...
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