Tag: Tribunal Award

Supreme Court Enhances Compensation: Income Tax Returns Must Be Considered for Accident Claims
Supreme Court

Supreme Court Enhances Compensation: Income Tax Returns Must Be Considered for Accident Claims

The Supreme Court held that for motor accident compensation, the functional disability affecting earning capacity, not just medical disability, is determinative. Income tax returns must be reasonably considered unless proven fabricated. Just compensation includes actual medical expenses proven by vouchers and future medical needs, but future prospects are not awarded when the claimant can continue earning post-disability. Facts Of The Case: On April 9, 2007, the appellant, Anoop Maheshwari, was riding his motorbike when it was hit by a rashly and negligently driven truck. The accident resulted in Maheshwari suffering a severe injury, specifically a hemipelvectomy, which is the amputation of one leg along with a portion of the pelvic bone. The Motor Accidents Claims Tribunal established t...
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...
Landmark Ruling: Supreme Court Explains How to Calculate “Just Compensation” for Accident Deaths
Supreme Court

Landmark Ruling: Supreme Court Explains How to Calculate “Just Compensation” for Accident Deaths

This Supreme Court judgment clarifies that allowances forming part of a deceased's salary, if used for family support, must be included in income computation for motor accident compensation. It applies established principles from Sarla Verma and Pranay Sethi to include future prospects and awards consortium as per Magma General Insurance, ensuring just compensation under the Motor Vehicles Act. Facts Of The Case: On February 16, 2009, Lokender Kumar died in a motor accident caused by the rash and negligent driving of a Santro car on the Sohna-Gurgaon Road. His widow and two minor children filed a claim petition before the Motor Accident Claims Tribunal in Gurgaon, seeking Rs. 25 lakhs in compensation. The Tribunal, considering his basic salary of Rs. 3,665 per month and applying a multip...