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Motor accident claims

SRI MALAKAPPA & ORS. versus THE IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED & ANR.

Court affirmed High Court finding that the accident was caused by rash and negligent driving; retained the Tribunal's income determination at â‚ą7,000 (no challenge) but accepted High Court enhancement to â‚ą8,000 was not allowed since no appeal, applied future prospects at 40% for a self-employed person aged 35 with multiplier 16, held husband was at least partially dependent so deduction for personal expenses fixed at 1/4th, awarded medical and other conventional heads and awarded loss of consortium to spouse and children, resulting in total compensation of â‚ą17,84,766.

Source excerpt

  • Death
  • Compensation
  • Multiplier
  • Deduction for personal expenses
  • Future prospects
  • Loss of consortium
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Motor vehicles act, 1988

ROOPWATI & ORS. versus RAM KISHAN & ORS.

The High Court correctly increased the compensation by applying a multiplier of 13 instead of 9 after finding on scientific evidence that the deceased's age was 50 (not 60), awarded amounts towards future prospects, and increased the rate of interest to 7.5%; the Supreme Court upheld the High Court order and dismissed the appeal.

Source excerpt

  • Motor accident compensation
  • Negligence
  • Insurance liability
  • Multiplier method
  • Future prospects
  • Interest on awards
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Motor vehicles act, 1988

N. JAYASREE & ORS. versus CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LTD.

The court held that the mother-in-law, who was residing with and dependent on the deceased, is a 'legal representative' under Section 166 MV Act and entitled to claim; absent specific reasons and evidence applying a split multiplier was unjustified where the deceased had a permanent job and was aged 52, and therefore Pranay Sethi's thumb rule (15% addition for future prospects and multiplier 11) applies; applying those principles the appellants were awarded Rs.85,81,815 with interest at 7.5% per annum and directions for deposit within eight weeks.

Source excerpt

  • Legal representative
  • Dependency
  • Split multiplier
  • Future prospects
  • Loss of consortium
  • Assessment of compensation
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Motor vehicles

THE NEW INDIA ASSURANCE COMPANY LIMITED versus SMT. SOMWATI AND OTHERS

The Court held that (a) awards of 'loss of consortium' to each of the claimants (including spousal, parental and filial consortium) are in accordance with binding precedent and do not warrant interference, and (b) there is no justification for awarding compensation under a separate head of 'loss of love and affection', and such awards are set aside; tribunals are to recompute awards accordingly.

Source excerpt

  • Loss of consortium
  • Loss of love and affection
  • Conventional heads
  • Spousal consortium
  • Parental consortium
  • Filial consortium
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Torts

M.P. ELECTRICITY BOARD versus SHAIL KUMARI AND ORS.

The Supreme Court upheld the High Court that the M.P. Electricity Board, as the statutory supplier of potentially dangerous electrical energy, was primarily liable under the doctrine of strict liability for the death caused by a live wire on a public road; the 'act of a stranger' exception did not absolve the Board because the pilferage or its consequences were reasonably foreseeable or preventable by the Board and the Board had a duty to take safety measures (including disruption of supply when a live wire fell).

Source excerpt

  • Strict liability
  • Rylands v. fletcher doctrine
  • Act of a stranger exception
  • Supplier liability for hazardous activity
  • Compensation for death by electrocution
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About this LexChat collection

India decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.