Supreme Court of India Judgements

46735 Judgements hosted as on 16/02/2025 - Search (FREE), Subscribe, Read & Download

Category: Accident

Accident

The question is whether in case the deceased is a bachelor, a different principle for calculation of the multiplier should be applied by shifting the focus to the age of the claimants? This Court view that the answer to this question should be in the negative. This Court convinced that there is no need to once again take up this issue settled by the aforesaid judgments of three Judge Bench and also relying upon the Constitution Bench that it is the age of the deceased which has to be taken into account and not the age of the dependents.

Apr 10, 2019 sclaw

SUPREME COURT OF INDIA FULL BENCH M/S. ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD — Appellant Vs. MANDALA YADAGARI GOUD AND OTHER — Respondent ( Before : S.A. Bobde, Sanjay Kishan…

Accident

Accident—Claim Petition—Standard of proof to be followed is preponderance of probability and not the strict standard of proof beyond all reasonable doubts Accident—Claim Petition—Testimony of eyewitness cannot be held as unreliable merely because his name was not mentioned in list of witnesses in the criminal proceedings.

Apr 7, 2019 sclaw

2019(1) Law Herald (SC) 693 : (2019) 3 SCALE 393 2019 LawHerald.Org 702 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice A.M. Khanwilkar Hon’ble Mr. Justice Ajay Rastogi…

Accident

Motor vehicles Act, 1988, S.166 and 2(30)–Accident–Registered Owner- -Merely because the vehicle was transferred does not mean that such registered owner stands absolved of his liability to a third person–So long as his name continues in RTO records, he remains liable to a third person.

Mar 24, 2019 sclaw

2019(1) Law Herald (SC) 216 : 2018 LawHerald.Org 2059 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice Uday Umesh Lalit  Hon’ble Mr. Justice Dr. Dhananjaya Y. Chandrachud Civil…

Accident

Accident–Gratuitous passengers–About 30-40 persons were travelling in the tempo truck–All 30-40 persons by no stretch of imagination could have been the representatives of the owners of goods. Insurance company not liable Accident–Ordinarily an allegation made in FIR would not be admissible in evidence per se but tribunal would be entitled to look into same where allegations made in FIR had been made a part of the part of claim petition.

Feb 24, 2019 sclaw

2009(1) LAW HERALD (SC) 498 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice S.B. Sinha The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 7399 of 2008…

Accident

Accident—Personal Expenses—Where the family of the bachelor is large and dependent on the income of the deceased, his personal and living expenses maybe restricted to one-third, as contribution to the family will be taken as two-third. Accident—Just Compensation—More than claimed—Court is duty bound and entitled to award “just compensation”, irrespective of whether any plea in that behalf was raised by the claimant or not. Accident—Filial Consortium—It is the right of the parents to compensation in the case of an accidental death of a child—An accident leading to the death of a child causes great shock and agony to the parents and family of the deceased. Accident—Interest on Compensation—Deceased was aged 24 years and his income assessed as that of unskilled worker—Compensation awarded with 12% interest p.a. from date of filing claim petition.

Feb 23, 2019 sclaw

2018(4) Law Herald (P&H) 2786 (SC) : 2018 LawHerald.Org 1582 IN THE SUPREME COURT OF INDIA Before Hon’ble Mr. Justice R. F. Nariman Hon’ble Mrs. Justice InduMalhotra C/V/7 AppeaJ No.…

Accident

Accident Law–Permanent disability–Earning capacity–Appellant was aged 15 years when he met with an accident on 14.9.1998 as a result whereof he sustained serious injuries and suffered permanent disability to the extent of 70% of his left lower limb which had to be amputated–Loss of earning capacity should be treated as 60% of the monthly income–His annual income assessed at Rs. 21,600/

Feb 18, 2019 sclaw

2009(1) LAW HERALD (SC) 459 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice  S.B. Sinha The Hon’ble Mr. Justice  Cyriac Joseph Civil Appeal No. 7430 Of 2008…

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The Supreme Court emphasized that the goal is to ensure just and fair compensation, even if it exceeds the claimed amount. It recalculated the compensation, considering the claimant’s monthly income, future prospects, 40% permanent disability, medical expenses, attendant charges, special diet and transportation, pain and suffering, and loss of income during treatment. The final compensation was determined to be Rs. 17,82,825, modifying the awards of the MACT and High Court. The Civil Appeal was allowed, with interest as awarded by the Tribunal. This decision underscores the principle of providing fair compensation to accident victims based on comprehensive assessment of their losses and suffering.

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