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Deceased was working as Manager in the said Regent Strips Pvt. Ltd. – Highly qualified doing M. Phil. – Compensation to be paid on account of the death of the deceased ought to be worked out by considering his monthly income at Rs.15,000
Bysclaw
Sep 24, 2022By sclaw
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Motor Accident Claims β The appellants, family members of the deceased claimed compensation for his death in a motorcycle accident allegedly caused by the negligence of the car driver β Whether the car driven by respondent no. 2 was involved in the accident and if the accident was due to the negligence of the car driver β The appellants argued that there was ample evidence showing the car’s involvement and that the lower courts misread the evidence β The respondents contended that the accident was due to the deceased’s negligence and that the car was not involved β The Supreme Court set aside the lower courts’ findings, holding that the car was involved in the accident and awarded compensation to the appellants β The Court found that the evidence, including witness testimonies and the condition of the car, supported the involvement of the car in the accident β The Court applied the principle of preponderance of probability, rather than proof beyond reasonable doubt, to conclude the car’s involvement β The appeal was allowed, and the appellants were awarded compensation of Rs. 46,31,496/- with interest.
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Motor Accident Claims β Accurate Disability assessment β Supreme Court addressed the issue of compensation for a motor accident victim who sustained injuries to both hands requiring surgery and resulting in permanent disability β The Motor Accident Claims Tribunal (Tribunal) initially awarded Rs.5,38,872/- as compensation, considering a 25% disability β The insurance company appealed, and the High Court reduced the compensation to Rs.4,74,072/-, adjusting the disability percentage to 20% β The Supreme Court upon reviewing the medical records and testimony of doctor, who certified a 50% disability, set aside the High Court’s judgment β It restored the Tribunal’s decision, which had assessed a 25% disability β The Court directed the insurance company to deposit the full compensation amount, as determined by the Tribunal β The appeal was thus allowed, emphasizing the importance of accurate disability assessment in determining fair compensation for accident victims.
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Motor Accident Claims β Enhancement of Compensation β The claimant-appellant’s husband died in a motor accident involving an ambulance and a truck β The deceased was employed as a ‘Khalasi’ in the ambulance β The maintainability of the claim for compensation, the rash and negligent conduct of the truck driver, and the extent of compensation payable β The High Court awarded Rs. 8,30,000 as compensation, deducting Rs. 6,25,000 already paid by the employer β The Supreme Court modified the compensation to Rs. 10,06,900 with 7.5% interest β The appeal was allowed, and the compensation amount was modified.
Aug 11, 2024
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