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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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Motor accident claims

SAROJ & ORS. versus IFFCO-TOKIO GENERAL INSURANCE CO. & ORS.

The Supreme Court held that the School Leaving Certificate should be accepted for determining the deceased's date of birth over the Aadhaar Card, affirmed the MACT's notional income of Rs.9000 and applied a multiplier of 14, enhanced the rate of interest to 8% from the date of filing, recalculated compensation and rounded the award to Rs.15,00,000 to be released to the claimants as directed by the MACT.

Source excerpt

  • Proof of age
  • Aadhar card
  • School leaving certificate
  • Interest on compensation
  • Notional income
  • Multiplier
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Land acquisition

UNION OF INDIA & ANR. versus DR. ASKET SINGH & ORS.

Because the Central Government took 12 years to offer compensation and the arbitral proceedings then took nearly 22 years so that market value was paid more than 30 years after vesting, and because the 1952 Act contains no provision to compensate for such delay, the High Court correctly awarded solatium and interest; payment of compensation within a reasonable time from the date of vesting must be read into the 1952 Act and excessive delay attributable to the State may be remedied by awarding solatium and interest.

Source excerpt

  • Solatium
  • Interest on compensation
  • Delay in payment of compensation
  • Article 300a
  • Arbitrariness
  • Reasonable time for payment of compensation
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Workmen’s compensation

MAMTA DEVI & ORS. versus THE RELIANCE GENERAL INSURANCE COMPANY LIMITED & ANR

Filing of a written statement by the insurer alone does not convert a claim into a 'contested' case for purposes of the Section 20(1) and (2) notification; where the employer has admitted material averments and the insurer does not pursue the matter (no cross-examination), the Deputy Labour Commissioner retains jurisdiction to decide the claim, and the admitted monthly income of Rs.6,000 must be used to compute compensation, which is Rs.6,64,110 with interest at 12% p.a. from one month after the accident excluding amounts already paid by the insurer.

Source excerpt

  • Section 20 notification
  • Jurisdiction of deputy labour commissioner vs labour court
  • Contested claim
  • Quantum of compensation
  • Interest on compensation
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Railways act, 1989

KAMUKAYI & ORS. versus UNION OF INDIA AND ORS.

On the evidence (FIR, inquest report, post-mortem, final police report and Rule 7 investigation accepted by DRM, and testimony of AW1) the death was an untoward incident under Section 123(c)(2) and the claimant discharged the initial burden of proving the deceased was a bona fide passenger by showing a valid ticket was procured and handed to the deceased; the Railway failed to rebut this, so the Railway is liable under Section 124A and the claimants are entitled to compensation calculated in accordance with the Rules and precedents (award of Rs.4,00,000 with interest and a minimum of Rs.8,00,…

Source excerpt

  • Untoward incident
  • Bona fide passenger
  • Burden of proof and onus
  • Calculation of compensation
  • Interest on compensation
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Workmen's/employees compensation

CHANDRAMMA versus MANAGER, REGIONAL OFFICE, NCC LIMITED AND ANR.

The appellant was rendered incapable of performing her vocation as a labourer by virtue of permanent injuries; therefore her functional disability for purposes of loss of future earnings must be treated as 100%, and compensation was to be computed on 60% of Rs.8,000 monthly wage with multiplier 184.17 plus medical expenses and interest, resulting in a rounded award of Rs.9,30,000 with interest at 9% per annum from date of application until payment.

Source excerpt

  • Total disablement
  • Partial disablement
  • Quantum of compensation
  • Assessment of loss of future earnings
  • Interest on compensation
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Motor vehicles act, 1988

RAJWATI @ RAJJO & ORS. versus UNITED INDIA INSURANCE COMPANY LTD. & ORS.

The High Court erred in rejecting the documentary evidence of income (salary certificate and pay slip) merely because the issuer was not examined; such documents, corroborated by oral testimony, are admissible and conclusive for assessing income in motor accident claims where the accident is established; the Tribunal's assessment of monthly income at Rs.11,225/- is affirmed, future prospects must be fixed according to established law (Pranay Sethi), awards for consortium and other heads adjusted, and interest fixed at 9% p.a.

Source excerpt

  • Loss of dependency
  • Assessment of income
  • Future prospects
  • Standard of proof
  • Loss of consortium
  • Interest on compensation
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Motor vehicles act, 1988

SMT. ANJALI & ORS versus LOKENDRA RATHOD & ORS.

The Court held that the deceased's annual income must be fixed at Rs.1,18,261 (approx. Rs.9,855 per month) based on the ITR for 2009-2010; deduction for personal expenses should be 1/5th because there were seven dependents; as the deceased was self-employed and below 40 years, 40% is to be added for future prospects; conventional heads and consortium awards are to be enhanced as per Pranay Sethi including a 10% increment every three years; applying these principles with multiplier 17, the appellants are entitled to total compensation of Rs.25,91,388 with interest at 9% per annum from date of…

Source excerpt

  • Section 168 - just and fair compensation
  • Income tax return as evidence of income
  • Future prospects
  • Deduction for personal expenses of dependents
  • Conventional heads (loss of estate, consortium, funeral expenses)
  • Interest on compensation
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Motor vehicles act, 1988

SARUP SINGH @ RAM SARUP versus HDFC ERGO GENERAL INSURANCE COMPANY LTD. AND ORS.

The High Court erred by not considering future prospects; applying the precedent of Pranay Sethi, the court applied a 40% rise to the notional income of Rs.6,500/month, deducted one-third for personal expenses, applied multiplier 17 to arrive at Rs.12,37,790 as loss of dependency, added consortium (Rs.1,20,000) and conventional heads (Rs.30,000), and held that interest should be awarded at 7.5% p.a. from date of filing until realization, thereby modifying the High Court award and partly allowing the appeals.

Source excerpt

  • Loss of dependency
  • Future prospects
  • Interest on compensation
  • Consortium
  • Funeral expenses
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Motor accident claim

SMT. KALAVATI & ORS versus MIRZA KAISAR BAIG & ANR.

Because the deceased held driving licences and worked as drivers, their income for computing loss of dependency was held to be at least Rs.10,000 per month; thereafter add 40% for future prospects, deduct one-third for personal expenses, and apply the relevant multiplier (15 in CA No.6676 of 2022 and 13 in CA No.6677 of 2022) to compute enhanced loss of dependency and total compensation, with interest and directions for deposit by the insurer.

Source excerpt

  • Loss of dependency
  • Future prospects
  • Multiplier method
  • Deduction for personal expenses
  • Interest on compensation
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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.

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