Tag: Non-Pecuniary Damages

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...