Tag: Non-Pecuniary Damages

Supreme Court Reinstates Separate Compensation for “Loss of Enjoyment of Life” in Motor Accident Cases
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...
Supreme Court Ruling: Family of US-Based Driver Wins Enhanced Compensation
Supreme Court

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...
Supreme Court : Legal Heirs Can Claim Compensation Even After Victim’s Death
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...
Supreme Court Sets New Benchmark for Accident Claims: Enhances Compensation for 100% Disabled Accident Victim
Supreme Court

Supreme Court Sets New Benchmark for Accident Claims: Enhances Compensation for 100% Disabled Accident Victim

The Supreme Court enhanced compensation under the Motor Vehicles Act, applying principles from Pranay Sethi to determine a monthly income of ₹10,000 for an unskilled worker (2015 accident). It upheld 100% functional disability, used an 18x multiplier, and awarded ₹35.91 lakh with 8% interest, reinforcing "just compensation" standards for catastrophic injuries. The judgment reaffirmed future prospects (40% addition) and lifetime care costs while rejecting insurer's belated policy coverage objections due to their failure to appeal the Tribunal's order. Facts Of The Case: The case involves a 25-year-old unskilled laborer, Shaikh Sadik Shaikh Rafique, who suffered catastrophic injuries in a 2015 truck accident, leaving him permanently bedridden with 100% disability. While traveling in his em...