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The Supreme Court held that income assessment under the Motor Vehicles Act depends on the claimant’s employment type, fixing a self-employed deceased’s income at Rs.14 lakh and modifying compensation.
The Supreme Court held that the right to walk on demarcated footpaths is a fundamental right and enhanced motor accident compensation awarded for a child’s death.
The Court held that the claimants discharged the initial burden by affidavit and the DRM report verifying the ticket; procedural lapses such as non-recovery of a physical ticket or absence of a seizure memo do not by themselves negate bonafide travel; verification of a ticket by an official railway inquiry constitutes prima facie proof shifting the evidentiary burden to the Railways; on reappraisal the Tribunal and High Court orders were unsustainable and compensation of Rs.8,00,000 was awarded.
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Although the driver was not holding a valid driving licence and that fact exonerated the insurer from liability under the policy, the Supreme Court affirmed the High Court's enhanced award but directed that the insurer must satisfy the award (pay the claimant), and that the insurer may thereafter recover the amount from the insured-owner (application of the 'pay and recover' principle).
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The High Court was correct to hold that the married daughter (Appellant No.1) failed to prove financial dependence on the deceased and therefore is only entitled to compensation under Section 140 as a legal representative; however the High Court erred in dismissing the mother's (Appellant No.2) claim because evidence showed she lived with and was solely dependent on the deceased, and on reassessment of all relevant factors the mother is entitled to Rs.19,22,356 as compensation.
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The Supreme Court restored the Tribunal award holding that the Tribunal's assessment was well-considered: mere transfer of business interest to dependents does not establish continuity of the deceased’s income stream, Income Tax Returns are reliable for income assessment, and considerations such as lack of experience and expected fall in profitability justify the Tribunal's notional income and multipliers; the High Court's reduction was inconsistent with settled law and the judicial conscience.
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The Supreme Court held that although the medical certificate assessed disability at 75%, for all practical purposes the appellant’s disability should be treated as 100%; for computation of future loss the minimum wage for a skilled worker in Delhi as on 2.6.2009 (Rs.4,358/month) is to be used as the multiplicand with 40% addition for future prospects and multiplier 18 (age-based), resulting in loss of earning capacity of Rs.13,18,000; attendant charges must be computed on full-time skilled attendant basis using the skilled minimum wage and multiplier 18 resulting in Rs.9,42,000; pain and suff…
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The claimant filed the requisite affidavit and adduced the Investigating Officer's report (including post-mortem findings) which shifted the burden to the Railways; the Railways failed to rebut the presumption that the deceased was a bona fide passenger and the post-mortem timing discrepancy was an acceptable approximation, therefore the appellant was entitled to compensation of Rs 8,00,000 with directions for payment.
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Total disablement under Section 2(1)(l) is a functional concept: if an injury incapacitates a workman from all work he could perform at the time of the accident (here a loading/unloading labourer requiring both hands) it constitutes total disablement regardless of whether the injury is listed in Schedule I; the Commissioner's finding that the appellant was unfit for labour and hence 100% disabled was not perverse, and the High Court erred in reducing it to 40%, so the Commissioner's order is restored.
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Because possession of the land was taken by the Land Acquisition Collector and handed over to the Delhi Development Authority (report dated 06.12.2012), one of the conditions in Section 24(2) as interpreted by the Constitution Bench in Indore Development Authority being satisfied, the acquisition did not lapse and the High Court order was set aside.
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