Supreme Court of India Judgements

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

Category: Accident

Accident

Motor Accident – Permanent disability – Loss of Earning Capacity – – Courts should strive to provide a realistic recompense having regard to the realities of life, both in terms of assessment of the extent of disabilities and its impact including the income generating capacity of the claimant. In cases of similar nature, wherein the claimant is suffering severe cognitive dysfunction and restricted mobility, the Courts should be mindful of the fact that even though the physical disability is assessed at 69%, the functional disability is 100% in so far as claimant’s loss of earning capacity is concerned – Loss of earning capacity must be fixed at 100% – Compensation enhanced to Rs.27,67,800 – Appeal allowed.

Oct 31, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH JITHENDRAN — Appellant Vs. THE NEW INDIA ASSURANCE CO. LIMITED AND ANOTHER — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ.…

Accident

Compensation – Claim petition filed by mother in law ‘dependent’ – Maintainability – Mother ­in ­law was living with the deceased and his family members – In order to maintain a claim petition, it is sufficient for the claimant to establish his loss of dependency – Section 166 of the MV Act makes it clear that every legal representative who suffers on account of the death of a person in a motor vehicle accident should have a remedy for realization of compensation – Mother in law of deceased is legal representative under Section 166 of MV Act and entitled to maintain the claim petition.

Oct 25, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH  N. JAYASREE AND OTHERS — Appellant Vs. CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED — Respondent ( Before : S. Abdul Nazeer and Krishna Murari,…

Accident

Death in accident – Driven negligently by not maintaining sufficient distance – Compensation – Appeal against Enhancement – It is to be noted that PW–1 herself travelled in the very car and PW–3, who has given statement before the police, was examined as eye–witness – In view of such evidence on record, there is no reason to give weightage to the contents of the First Information Report – High Court has rightly held that the accident occurred only due to the negligence of the driver of Eicher van – Appeal dismissed.

Oct 9, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NATIONAL INSURANCE COMPANY LIMITED — Appellant Vs. CHAMUNDESWARI AND OTHERS — Respondent ( Before : R. Subhash Reddy and Hrishikesh Roy, JJ. ) Civil…

Accident

Loss of dependency – Enhancement of compensation – Merely because claimants were unable to produce documentary evidence to show the monthly income of deceased, same does not justify adoption of lowest tier of minimum wage while computing the income – Deceased was in possession of heavy vehicle driving licence and was driving such vehicle on the day of accident – the income of the deceased at Rs.8000/­ per month for the purpose of loss of dependency – By applying the multiplier of ’16’ the claimants are entitled for compensation of Rs.14,33,664/­.

Oct 9, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH CHANDRA @ CHANDA @ CHANDRARAM AND ANOTHER — Appellant Vs. MUKESH KUMAR YADAV AND OTHERS — Respondent ( Before : R. Subhash Reddy and…

Accident

Appeal against decision of High Court–At very initial stage it was contended by A2 that accident caused before the bus arrived at the scene–Later it was contended that bus driver was negligent therefore, accident was caused–A2 had not come forward to be examined as to how the accident had actually taken place–Reversal of award of MACT cannot be held to be preserve–Motor Vehicles Act, 1988, Section 167.               

Sep 12, 2021 sclaw

2009(2) LAW HERALD (SC) 795 IN THE SUPREME COURT OF INDIA Before The Hon’ble Mr. Justice Altamas Kabir The Hon’ble Mr. Justice Cyriac Joseph Civil Appeal No. 1104 Of 2009…

Accident

Motor Accident Compensation: Pranay Sethi Judgment Doesn’t Limit Operation Of Statute Providing Greater Benefits HELD If a statutory instrument has devised a formula which affords better or greater benefit, such statutory instrument must be allowed to operate unless the statutory instrument is otherwise found to be invalid

Aug 8, 2021 sclaw

the Insurance Company had contended that sub-rule 3(iii) of Rule 220A of Uttar Pradesh Motor Vehicles Rules, 1998 is contrary to the conclusions arrived at by the Constitution Bench of…

Accident

HELD definition of “vicarious liability” it can be inferred that the person supervising the driver is liable to pay the compensation to the victim – During such time, however, it will be deemed that that vehicle was transferred along with the insurance policy, even if it were insured at the instance of the original owner

Jul 25, 2021 sclaw

  SUPREME COURT OF INDIA DIVISION BENCH UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION — Appellant Vs. NATIONAL INSURANCE CO. LIMITED AND OTHERS — Respondent ( Before : S. Abdul Nazeer…

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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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