Accident Archives - Page 4 of 21 - Supreme Court of India Judgements

January 22, 2025 5:30 am

Motor Vehicles Act, 1988 – Sections 166 and 168 – – Determination of compensation under non-conventional heads – Insurance Company cannot turn around and question a paltry amount of compensation awarded to the Appellants under the ‘nonconventional heads’.

Oct 18, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MANUSHA SREEKUMAR AND OTHERS — Appellant Vs. THE UNITED INDIA INSURANCE CO. LTD. — Respondent ( Before : Surya Kant and Aniruddha Bose, JJ.…

Accident

Death of child in accident – Under the MV Act, there is no restriction that the Tribunal/Court cannot award compensation exceeding the amount so claimed

Oct 13, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MEENADEVI — Appellant Vs. NUNU CHAND MAHTO @ NEMCHAND MAHTO AND OTHERS — Respondent ( Before : Sanjiv Khanna and J.K. Maheshwari, JJ. )…

Accident

HELD income of the Deceased is computed by adding the amount awarded under the two parts ( Rs 10,93,000/- + Rs 2,50,000/-), which comes to Rs 13,43,000/-. In terms of Pranay Sethi (2017) 16 SCC 680, forty per cent of the income has to be added towards future prospects, which would come to Rs 18,80,200/-. After deducting one-fourth towards personal expenses as per Sarla Verma , the net amount comes to Rs 14,10,150/- per annum. Applying the multiplier of 16, the total loss of dependency on account of the Deceased’s income is calculated at Rs 2,25,62,400/-. We further grant compensation under the remaining conventional heads as per the decisions in Pranay Sethi Satinder Kaur (2021) 11 SCC 780

Oct 8, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH K. RAMYA AND OTHERS — Appellant Vs. NATIONAL INSURANCE CO. LTD. AND ANOTHER — Respondent ( Before : Surya Kant and V. Ramasubramanian, JJ.…

Accident

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

Sep 24, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH PARAM PAL SHARDA AND OTHERS — Appellant Vs. DHANI RAM AND OTHERS — Respondent ( Before : B.R. Gavai and C.T. Ravikumar, JJ. )…

Accident

HELD – Death in accident – If 25% of Rs. 3,000/- per month is considered towards future prospects and rise in income and thereafter loss of dependency is determined, it can be said to be just compensation

Sep 24, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH SUMATHY AND OTHERS — Appellant Vs. BABU AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil Appeal Nos.…

Accident

Claimant was working as a Mason – Serious injuries – Multiplier 15 – Judgment and order passed by the High Court modified awarding Rs. 24,000/ towards loss of earing; Rs. 9,00,000/ towards future economic loss (instead of Rs. 5,40,000/ as awarded by the High Court) and Rs. 4,00,000/ towards pain, shock, and suffering – Thus, the claimant shall be entitled to a total sum of Rs. 15,42,800/ with 7.5% interest per annum from the date of the claim petition, till satisfaction – Appeal allowed.

Sep 11, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH VELAYUDHAN — Appellant Vs. NATIONAL INSURANCE CO. LTD. AND ANOTHER — Respondent ( Before : M.R. Shah and Krishna Murari, JJ. ) Civil Appeal…

Accident

Compensation under the head on account of loss of love and affection is not permissible but compensation on account of spousal consortium for wife and for the parental consortium for children is admissible. HELD Rule of evidence to prove charges in a criminal trial cannot be used while deciding an application under Section 166 of the Act, 1988 which is summary in nature

Aug 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH JANABAI WD/O DINKARRAO GHORPADE AND OTHERS — Appellant Vs. M/S. I.C.I.C.I. LAMBORD INSURANCE COMPANY LIMITED — Respondent ( Before : Hemant Gupta and Vikram…

Accident

Post-accident agony for whole life – HELD under the head “pain, shock and suffering”, amount of compensation deserves to be granted

Jul 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH ABHIMANYU PARTAP SINGH — Appellant Vs. NAMITA SEKHON AND ANOTHER — Respondent ( Before : Indira Banerjee and J.K. Maheshwari, JJ. ) Civil Appeal…

Accident

Motor Accident Claims – Accident – Victim was 5 years old – Paraplegic patient – Enhancement of Compensation – No compensation is warranted to be payable under the heading “food and nourishment or towards loss of childhood” as it stands subsumed in the compensation assessed under the other different heads

Apr 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH MASTER AYUSH — Appellant Vs. BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO. LIMTED AND ANOTHER — Respondent ( Before : Hemant Gupta and V. Ramasubramanian,…

Accident

Motor Accident – Compensation – Enhancement of – Post accident – Pain, suffering and trauma suffered by the claimant cannot be compensated in terms of the money – However, still it will be a solace to award suitable compensation under different heads including the pain, shock and suffering, loss of amenities and happiness of life

Feb 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SRI BENSON GEORGE — Appellant Vs. RELIANCE GENERAL INSURANCE CO. LIMITED AND ANOTHER — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

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High Court cannot pass an interim order in a second appeal under Section 100 of the CPC without first formulating a substantial question of law

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Specific Relief Act

When a higher court’s decree is issued, the lower court’s decree merges into it, and any time stipulations in the lower court’s decree do not automatically revive upon the higher court’s judgment

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Service

Promotions based on merit-cum-seniority, suitability should be judged individually, not comparatively, and officers meeting the minimum criteria cannot be denied promotion based on a merit list

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A micro or small enterprise does not need to be registered under Section 8 of the MSMED Act to make a reference to the Facilitation Council for dispute resolution under Section 18

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Category: Accident

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