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Motor vehicle accident

THE ORIENTAL INSURANCE CO. LTD. versus NIRU @ NIHARIKA & ORS.

The Supreme Court upheld the Tribunal's multiplier of 13 and the High Court's computation (final total award Rs.76,63,508), held that 9% interest from the date of filing to the date of disbursement is appropriate, and that awarding interest on future prospects is not illegal; accordingly the Special Leave Petitions were rejected.

Source excerpt

  • Compensation
  • Multiplier
  • Loss of dependency
  • Loss of consortium
  • Loss of estate
  • Funeral expenses
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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 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 vehicles act, 1988

HARPREET KAUR & ORS versus MOHINDER YADAV & ORS.

The Court held the MACT and High Court underestimated the deceased's income from extensive agricultural cultivation; recalculated actual income at Rs.150,000 per annum, applied 40% future prospects to arrive at Rs.210,000, deducted one-fourth for four dependents yielding annual loss of dependency Rs.157,500, and applying multiplier 16 awarded Rs.2,520,000 for loss of dependency; awarded Rs.40,000 each to the three appellants (two children and mother) for filial/parental consortium (total Rs.120,000); other components and rate of interest left undisturbed.

Source excerpt

  • Loss of dependency
  • Loss of consortium
  • Computation of compensation
  • Future prospects
  • Interest on awards
  • Liability of insurer
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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

SHIV KUMAR & ORS versus GAINDA LAL & ORS.

The High Court's award was modified: the deceased's monthly income for computation of dependency was held to be at least Rs.7,500, 40% was to be added as future prospects, compensation for foetus increased to Rs.100,000, loss of consortium awarded at Rs.40,000 each to husband and minor son, and the appellants were entitled to a total of Rs.32,82,000 with interest at 7.5% per annum.

Source excerpt

  • Enhancement of compensation
  • Loss of dependency
  • Future prospects
  • Loss of consortium
  • Compensation for foetus
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Motor vehicles act, 1988

RAJ BALA & ORS. versus RAKEJA BEGAM & ORS.

The Court held that future prospects must be added (50% of actual salary) for a deceased below 40 with a permanent job, recalculated the multiplicand and applied the correct multiplier to enhance loss of dependency; awarded conventional amounts for loss of estate and funeral expenses; held that compensation under 'love and affection' is impermissible where spousal or parental consortium claims exist and adjusted/deducted excess grants accordingly; resulting in an enhanced total award of Rs.10,29,260 payable by Respondent No.4 within eight weeks subject to interest on delay.

Source excerpt

  • Loss of dependency
  • Future prospects
  • Loss of consortium
  • Parental consortium
  • Funeral expenses
  • Loss of estate
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Motor vehicles act, 1988

S. CHANDRASEKHARAN & ORS. versus M. DINAKAR & ANR

The Tribunal correctly followed Arun Kumar Agrawal in fixing the notional income of the non-earning deceased at one-third of her husband's income; the High Court erred in relying on the deceased's salary from three years earlier; deduction of one-third for personal expenses is valid; an addition of 40% for future prospects is warranted; loss of love and affection is subsumed within loss of consortium; accordingly the awards were modified and the compensation was fixed as directed by the Court.

Source excerpt

  • Compensation quantification
  • Notional income
  • Loss of consortium
  • Future prospects
  • Interest
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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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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.