JIJU KURUVILA & ORS. versus KUNJUJAMMA MOHAN & ORS

JIJU KURUVILA & ORS. versus KUNJUJAMMA MOHAN & ORS

There was no evidence of contributory negligence on the part of the deceased; compensation in INR must be converted at the rate on the date of claim petition filing; correct multiplier and deduction principles must be applied to award just and proper compensation.

Parties
Appellants: Jiju Kuruvila & Ors.; Respondents: Kunjunjamma Mohan & Ors.
Jurisdiction
India
Judgment Date
02 July 2013
Procedural Posture
Civil Appeal / Final Disposition (supreme Court)
Outcome
Appeals by claimants allowed; appeals by insurance company partly allowed; High Court and Tribunal judgments modified
Legal Topics
Fatal Accident, Compensation, Foreign Currency Calculation, Contributory Negligence, Interest on Compensation
Motor Accident Claims Tort Law Fatal Accident Compensation Foreign Currency Calculation Contributory Negligence Interest on Compensation

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Parties

Jiju Kuruvila & Ors.

Appellants

Kunjunjamma Mohan & Ors.

Respondents

Procedural Posture

Civil Appeal / Final Disposition (supreme Court)

Legal Issues

  1. 1 Date for fixing rate of exchange for compensation in foreign currency
  2. 2 Existence of contributory negligence by deceased
  3. 3 Calculation of just and proper compensation

Ratio Decidendi

There was no evidence of contributory negligence on the part of the deceased; compensation in INR must be converted at the rate on the date of claim petition filing; correct multiplier and deduction principles must be applied to award just and proper compensation.

Court Disposition

Appeals by claimants allowed; appeals by insurance company partly allowed; High Court and Tribunal judgments modified

Orders

  • Compensation awarded to claimants recalculated as Rs.57,49,500/- consisting of Rs.54,49,500/- for loss of dependency, Rs.2,00,000/- for loss of love and affection to two children, and Rs.1,00,000/- for loss of consortium to wife.
  • Interest at 12% per annum from date of claim filing to date of realisation.