SEBASTIANI LAKRA & ORS. versus NATIONAL INSURANCE COMPANY LTD. & ANR.

SEBASTIANI LAKRA & ORS. versus NATIONAL INSURANCE COMPANY LTD. & ANR.

Payments received under the Employees Family Benefit Scheme cannot be deducted from compensation under Section 168 of the Motor Vehicles Act, 1988, since they arise from the deceased's lifetime acts or contracts, not from the accident. However, in light of the substantial benefit, claimants are not entitled to an additional amount for future prospects; compensation assessed at Rs. 50,00,000/- with 9% interest p.a. from petition date till payment.

Parties
Appellant: Sebastiani Lakra & Ors.; Respondent: National Insurance Company Ltd. & Anr.
Jurisdiction
India
Judgment Date
12 October 2018
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court Decision
Outcome
Appeals allowed; compensation enhanced; orders as specified.
Legal Topics
Compensation Calculation, Pecuniary Advantage Deduction, Multiplier Method, Just Compensation
Motor Vehicle Accident Claims Tort Law Compensation Calculation Pecuniary Advantage Deduction Multiplier Method Just Compensation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 5 Authorities cited 8 Party arguments 2 Amounts and remedies 13
Sign in to unlock

Parties

Sebastiani Lakra & Ors.

Appellant

National Insurance Company Ltd. & Anr.

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court Decision

Legal Issues

  1. 1 Whether payments received under Employees Family Benefit Scheme should be deducted from compensation under Motor Vehicles Act, 1988
  2. 2 Whether claimants are entitled to amount for future prospects

Ratio Decidendi

Payments received under the Employees Family Benefit Scheme cannot be deducted from compensation under Section 168 of the Motor Vehicles Act, 1988, since they arise from the deceased's lifetime acts or contracts, not from the accident. However, in light of the substantial benefit, claimants are not entitled to an additional amount for future prospects; compensation assessed at Rs. 50,00,000/- with 9% interest p.a. from petition date till payment.

Court Disposition

Appeals allowed; compensation enhanced; orders as specified.

Orders

  • Total compensation assessed at Rs. 50,00,000/- with interest @ 9% per annum from date of petition filing till payment.
  • Insurance company may deduct/adjust amounts already paid.