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Supreme Court Boosts Payout for Minor’s Permanent Disability in Kerala Accident

28Jan

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Supreme Court

Supreme Court Boosts Payout for Minor’s Permanent Disability in Kerala Accident

The Supreme Court enhanced compensation for a minor with 77.1% permanent disability by applying established legal parameters from precedents like Pranay Sethi. It recalculated loss of future earnings using a multiplier of 15 and 40% future prospects, and awarded standardized sums under conventional heads including pain and suffering, loss of amenities, and loss of marriage prospects. Facts Of The Case: The case pertains to a motor accident on 19.04.2002 involving a 14-year-old minor student travelling in an auto-rickshaw which was hit by a lorry insured with respondent No. 3. The appellant suffered injuries resulting in 77.1% permanent disability. The Motor Accident Claims Tribunal initially awarded Rs. 1,73,000/- with interest. On appeal, the High Court enhanced the compensation b...

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 ...

Supreme Court Landmark Ruling: Income for Accident Claim Not Capped by Workmen’s Compensation Act

The Supreme Court held that in a claim petition under Section 166 of the Motor Vehicles Act, 1988, the Tribunal must assess compensation based on the Act's principles. It is impermissible to apply the income ceiling from the Workmen's Compensation Act, 1923, once the claimant has elected the remedy under the M.V. Act. Facts Of The Case: The appellant, a 23-year-old lorry loader, suffered grievous injuries in a vehicular accident on 1st December 2015, which resulted in the amputation of his right leg below the knee. He filed a claim petition before the Motor Accident Claims Tribunal seeking compensation. The Tribunal, assessing his monthly income at Rs. 9,000, awarded a total compensation of Rs. 19,35,400, which included a significant component for future loss of income. On appeal by ...