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Motor vehicles act, 1988

V. PATHMAVATHI & ORS. versus BHARTHI AXA GENERAL INSURANCE CO. LTD & ANR.

The salary certificate and employer affidavit established the deceased's fixed monthly income at Rs.10,000/-, and in view of Pranay Sethi an addition of 40% for future prospects was mandatory (deceased aged 37 and on fixed salary), leading to a notional monthly contribution of Rs.10,500/- and loss of dependency of Rs.18,90,000/-; further, 'loss of love and affection' is not a separate head and its non-pecuniary effects are subsumed within 'consortium'; accordingly total compensation of Rs.20,80,000/- awarded with interest @9% p.a. from date of filing.

Source excerpt

  • Assessment of income
  • Future prospects
  • Loss of love and affection
  • Consortium
  • Interest on compensation
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Land acquisition

MANOHAR AND OTHERS versus THE STATE OF MAHARASHTRA & OTHERS

The Supreme Court held that the Reference Court and High Court erred in failing to consider the highest bona-fide sale exemplar (Sr. No.4 dated 31-03-1990, Rs.72,900/- per Acre) which was proximate to the date of notification; averaging was impermissible given the wide range of exemplars, and Section 51A and absence of rebuttal evidence supported reliance on the exemplar. While accepting Sr. No.4, a 20% deduction was applied because the exemplars were for small plots and the acquired land was larger; accordingly compensation was enhanced to Rs.58,320/- per Acre with consequential statutory be…

Source excerpt

  • Highest exemplar sale deed
  • Market value determination
  • Averaging of sale exemplars
  • Bona-fide transaction
  • Solatium
  • Interest on enhanced compensation
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Motor vehicles

THE ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LIMITED versus SMT. HONNAMMA & ORS.

Because the insured tractor was the root cause of the sequence of events leading to the trailer overturning and the death, the insurer of the tractor is liable for the compensation awarded for that accident; however, the insurer's liability is subject to the limits provided by the policy or by law (whichever is higher), and in this case the appellant's liability shall in no event be less than Rs.9,50,000; the High Court's enhancement and allocation of liability to the insurer are upheld subject to the stated contractual/statutory caps and right of the insurer to recover any differential from…

Source excerpt

  • Fatal accident
  • Liability of insurance company
  • Trailer attached to tractor
  • Chain of causation
  • Enhancement of compensation
  • Statutory limits of insurer's liability
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Motor vehicles

THE NEW INDIA ASSURANCE CO. LTD. versus GOPU & ANR.

The appeal to the High Court was barred by excessive delay and Sections 6 and 5 of the Limitation Act do not permit the period to be extended for appeals; where minors were represented by their natural guardian who chose not to appeal, the claimed disability of minority cannot be invoked to condone the delay. Therefore the High Court's enhancement of compensation was not sustainable and its judgment is set aside.

Source excerpt

  • Limitation to file appeal
  • Legal disability (minority)
  • Natural guardian
  • Enhancement of compensation
  • Condonation of delay
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Land acquisition

HIRALAL MOTILAL PARIKH (DECEASED THROUGH LRS) versus SPL. LAQ OFFICER & ANR.

The Court accepted Exhibits 53 and 44 as genuine and comparable exemplars (Exhibit 53 being a bona fide sale proximate in time and situation, and Exhibit 44 being a pre-notification allotment), concluded the High Court's rate of Rs.53 per sq. metre was low, applied applicable deductions for development (30%) and the guidance from Chimanlal and Mehta, and fixed compensation at Rs.107 per square metre while directing statutory benefits (solatium, severance, interest) as previously ordered.

Source excerpt

  • Fair and reasonable compensation
  • Enhancement of compensation
  • Exemplars
  • Solatium
  • Severance charges
  • Interest
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Motor accident claim

SHIVALEELA AND OTHERS A1: SHIVALEELA A2: KUMARI KAVYA A3: KUMARI PURNIMA A4: KUMARI SHRAVYA A5: MASTER VEERESH A6: K. H. M. SHIVAMURTHAIAH versus THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. & OTHERS R1: THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO. LTD. R2: SRI. GIRISH B. R3: DR. BASAVARAJA

On the evidence of multiple income sources (agriculture receipts, milk-vending entries, hiring/driving and a bank loan for agriculture) and considering the physical nature of the businesses and the age of the parents, the MACT and High Court erred in under-assessing the deceased's income; the Court fixed the deceased's monthly income at Rs.15,000, adjusted compensation using 40% future prospects, 1/5th deduction for personal expenses, multiplier 16, and awarded interest at 7.5% p.a., resulting in total compensation of Rs.35,66,600, thereby partly allowing the appeals.

Source excerpt

  • Monthly income
  • Loss of dependency
  • Future prospects
  • Multiplier
  • Personal and living expenses
  • Interest
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Motor vehicle accident

MAYA SINGH AND OTHERS versus THE ORIENTAL INSURANCE CO. LTD. AND OTHERS

The High Court erred in applying the split multiplier without recording special reasons; the Tribunal's application of multiplier 9 on annual income of Rs.4,57,000 (with one-third deduction for personal expenses) was correct; the appellants are entitled to future prospects at 15%; loss of estate and funeral expenses of Rs.15,000 each are appropriate; loss of consortium is Rs.40,000 each for three claimants; accordingly the award is modified and enhanced to a total of Rs.33,03,000 with interest at the rate awarded by the Tribunal.

Source excerpt

  • Application of multiplier
  • Split method
  • Loss of dependency
  • Future prospects
  • Loss of estate
  • Funeral expenses
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Motor accident

CHANDRAMANI NANDA versus SARAT CHANDRA SWAIN AND ANOTHER

The appeal was allowed and the High Court order modified because the Tribunal and High Court had erred in relying on older income tax returns instead of considering enhanced income evidence; the appellant's annual income was reasonably assessed at ₹2,00,000 with 40% future prospects (given age 32) and 100% functional disability was applied, together with additional awards for future attendant charges, loss of marriage prospects and increased pain and suffering, yielding total compensation of ₹52,31,000 with interest at 6%.

Source excerpt

  • Enhancement of compensation
  • Assessment of income
  • Future prospects
  • Functional disability
  • Attendant charges
  • Pain and suffering
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Motor vehicles act, 1988

MEENAKSHI versus THE ORIENTAL INSURANCE CO. LTD.

The High Court erred in excluding house rent allowance, flexible benefit plan and company contribution to provident fund from the deceased's basic salary for the purpose of applying the principle of rise in income by future prospects; these components must be added to the basic salary before applying the agreed percentage for future prospects. However, the High Court was correct in deducting Income Tax from the gross salary when calculating the gross/net income for assessment of compensation. Applying these conclusions, the compensation was re-assessed by the Court.

Source excerpt

  • Loss of dependency
  • Future prospects
  • House rent allowance
  • Flexible benefit plan
  • Company contribution to provident fund
  • Income tax deduction
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Land acquisition

SUBODH SINGH versus UNION OF INDIA AND OTHERS

The Supreme Court held that in view of its earlier ruling interpreting the second proviso to Section 20F(2), the appellant was entitled to additional compensation for the left out portion of land at not less than 5% of the award value per month for the period of delay asserted (84 months); the High Court erred in confining the delayed payment to two months and in relegating the appellant to arbitration.

Source excerpt

  • Additional compensation
  • Delay in payment
  • Award
  • Interest on delayed payment
  • Left out portion of land
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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.