Road Accident - The Legal Chamber

The Supreme Court modified the contributory negligence apportionment to 20% on the claimant, 50% on the car driver, and 30% on the bus driver. It enhanced compensation by revising the notional income calculation for an engineering student and reinstated attendant charges, emphasizing just compensation for 100% disability. Facts Of The Case: On January 7, 2017, the appellant, a 20-year-old engineering student, was riding a motorcycle with a friend on the pillion. A car ahead, driven by respondent no. 2, suddenly applied its brakes on the highway because the driver's pregnant wife felt a vomiting sensation. This caused the appellant to collide with the rear of the car and fall onto the road. Subsequently, a bus, insured by respondent no. 1, which was coming from behind, ran over the appell...

The Supreme Court ruled that an insurer's contractual liability under a personal accident cover is distinct from its statutory third-party liability. The defense of "limited liability" must be specifically pleaded and proved before the Tribunal; it cannot be raised for the first time in appeal. The insurer was thus liable to pay the full compensation awarded. Facts Of The Case: The deceased, who was the brother of the car owner, was driving the vehicle when its right rear tyre suddenly burst. This caused the car to go out of control, topple, and resulted in a fatal head injury that led to his death. The car was also occupied by the owner, his wife, and the deceased's wife, all of whom sustained injuries. The claimants, the deceased's widow, minor children, and parents, filed for compensa...

Tag: Road Accident

Supreme Court’s Key Ruling :Notional Income of an Engineering Student Should Be Higher

Supreme Court Rules: Insurer Must Pay Full Claim If It Didn’t Plead ‘Limited Liability’ Earlier