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Motor vehicle accident claims

PARMINDER SINGH versus NEW INDIA ASSURANCE CO. LTD. & ORS.

The appellant is entitled to enhanced compensation based on actual income supported by affidavit, with a multiplier and future prospects, along with lump sum amounts for medical expenses and attendant charges, and interest, applying the principle of 'pay and recover', as the insurance company must pay and then recover from vehicle owners due to invalid driving licenses.

Source excerpt

  • Permanent disability
  • Compensation
  • Insurance liability
  • Pay and recover principle
  • Driving license validity
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Motor vehicle accident claims

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.

Source excerpt

  • Compensation calculation
  • Pecuniary advantage deduction
  • Multiplier method
  • Just compensation
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Tort law

NUTAN RANI AND ANR. versus GURMAIL SINGH AND ORS.

High Court erred in not adding for future prospects in deceased’s income; addition of 40% warranted as per Pranay Sethi (2017) 16 SCC 680; deduction of one-third for personal expenses is proper; total compensation recomputed accordingly.

Source excerpt

  • Compensation for motor accident
  • Calculation of income of deceased
  • Future prospects in compensation
  • Deduction for personal expenditure
  • Multiplier method
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Tort law

ICICI LOMBARD GENERAL INSURANCE CO. LTD. versus AJAY KUMAR MOHANTY & ANR.

The compensation is to be calculated based on the actual evidence of income and nature of disability. Since disability was temporary and not permanent, the claim for higher compensation was not established. The proper quantum is Rs. 9,10,000/- plus interest at 9% per annum from filing, based on loss of income, pain and suffering, and medical expenses.

Source excerpt

  • Compensation computation
  • Rash and negligent driving
  • Disability assessment
  • Loss of income
  • Pain and suffering
  • Medical expenses
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Motor vehicle accident claims

V. MEKALA versus M. MALATHI & ANR.

The Supreme Court held that a 16-year-old brilliant student, permanently disabled, should be assessed for notional income at Rs. 10,000 per month with 50% added for future prospects; compensation amounts under heads of pain and suffering, loss of amenities, loss of enjoyment of life and marriage prospects, crutches, and litigation costs were all enhanced. Inflation and permanent disability must be taken into account in compensation computation. Total compensation awarded was Rs. 30,93,000 with 9% interest from date of application.

Source excerpt

  • Compensation for permanent disability
  • Notional income computation
  • Future prospects
  • Pain and suffering
  • Loss of amenities
  • Loss of enjoyment of life and marriage prospects
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Motor vehicle accident claims

SMT. SAVITA versus MOTOR VEHICLES ACT, 1988

The Tribunal and High Court failed to properly assess compensation by not including 30% addition for future prospects to notional income, awarding inadequate amounts under 'loss of consortium' and 'funeral expenses', and not considering inflation. Compensation recalculated based on established principles, increasing the total amount and modifying the interest rate.

Source excerpt

  • Compensation
  • Fatal accident
  • Future prospects
  • Loss of consortium
  • Funeral expenses
  • Interest rate
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Motor vehicle accident claims

PEPSU ROAD TRANSPORT CORPORATION versus NATIONAL INSURANCE COMPANY,

Where the owner has checked the validity and competence of the driver and no wilful breach is established, the insurer remains liable even if the licence is alleged to be fake. Insurer failed to conclusively prove fake licence or demonstrate owner’s negligence.

Source excerpt

  • Liability of insurer
  • Fake driving licence
  • Compensation for accident
  • Burden of proof under s. 149(2)(a)(ii)
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Tort law

SUBULAXMI versus M.D., TAMIL NADU STATE TRANSPORT CORPORATION

The High Court erred in granting compensation on a single head by merging permanent disability with loss of future earnings; both must be compensated separately. The High Court also erred in denying interest on the enhanced sum, which should be awarded from the date of claim petition at 9% per annum.

Source excerpt

  • Permanent disability compensation
  • Loss of future earnings
  • Interest on enhanced compensation
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Tort law

JAWAHAR SINGH versus BALA JAIN & ORS.

The accident was solely caused by the minor Jatin driving the motorcycle without a licence in a rash and negligent manner. Since Jatin was a minor, the owner of the vehicle (petitioner) was responsible for ensuring his motorcycle was not misused, especially not by a minor who is not licensed. The Tribunal and High Court were correct in holding the owner liable for compensation, with the insurer having the right to recover the sum from him.

Source excerpt

  • Contributory negligence
  • Liability of vehicle owner
  • Insurance company liability
  • Minor driving without licence
  • Compensation for fatal accident
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Motor vehicle accident claims

URVIBEN CHIRAGHBAI SHETH versus VIJAYBHAI SHAMBHUBHAI JORANPUTRA .& ORS.

Sanctity of court record principle does not extend to tribunal proceedings. MACT must insist on adequate material evidence for settlements. In absence of proven consent and keeping in mind appellant's permanent disability and responsibilities, compensation should be assessed to provide for maintenance of her family.

Source excerpt

  • Compensation assessment
  • Permanent disability
  • Consent in tribunal
  • Sanctity of court record
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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.