Registrar Has No Power To Cancel Registered Sale Deeds: Madras High Court Reaffirms Civil Court’s Exclusive Jurisdiction MP High Court Refuses to Quash FIR Against Principal of Sacred Heart Convent High School in Forced Conversion Case Employees Of Registered Societies Cannot Claim Article 311 Protection: Delhi High Court Clarifies Limits Of Constitutional Safeguards In Private Employment Maintenance Cannot Be Doubled Without Cogent Reasons, Wife's Education And Earning Capacity Relevant Factors: Gujarat High Court A Foreign Award Must First Be "Recognised" Before It Becomes A Decree: Bombay High Court A Registered Will Does Not Become Genuine Merely Because It Is Registered: Andhra Pradesh High Court Rejects Suspicious Testament Compensation Under Railways Act Requires Proof of Bona Fide Passenger – Mere GRP Entry and Medical Records Cannot Establish ‘Untoward Incident’: Delhi High Court Tenancy Rights Cannot Be Bequeathed By Will: Himachal Pradesh High Court Declares Mutation Based On Tenant’s Will Void Preventive Detention Cannot Be Based On Mere Apprehension of Bail: Delhi High Court Quashes PITNDPS Detention Order Probate Court Alone Has Exclusive Jurisdiction To Decide Validity Of Will – Probate Petition Cannot Be Rejected Merely Because A Civil Suit Is Pending: Allahabad High Court PwD Candidates Cannot Be Denied Appointment After Selection; Authorities Must Accommodate Them In Suitable Posts: Supreme Court Directs SSC And CAG To Appoint Candidates With Disabilities When Registered Partition Deed Exists, Plea Of Prior Oral Partition Cannot Override It:  Madras High Court Dismisses Second Appeal Municipal Bodies Cannot Demand Character Verification Of Residents: Calcutta High Court Strikes Down Surveillance Condition In Building Sanction State Cannot Exploit Contractual Workers For Perennial Work: Punjab & Haryana High Court Grants Pay Parity To PUNBUS Drivers And Conductors Police Inputs Cannot Create New Building Laws: Calcutta High Court Strikes Down Security-Based Conditions Near Nabanna 'Raising A Child As Daughter Does Not Make Her An Adopted Child': Punjab & Haryana High Court Once Leave Under Section 80(2) CPC Is Granted, Prior Notice to Government Is Not Mandatory: Orissa High Court Restores Trial Court Decree State Cannot Use Article 226 To Evade Compliance With Court Orders: Gauhati High Court Dismisses Union’s Petition With Costs ED Officers Accused Of Assault By ₹23-Crore Scam Accused – FIR Survives But Probe Shifted To CBI: Jharkhand High Court High Courts Should Not Interfere In Academic Integrity Proceedings At Preliminary Stage: Kerala High Court Power Of Attorney Holder With Personal Knowledge Can Depose In Cheque Bounce Cases: Kerala High Court Sets Aside Acquittal Agreement Cannot Dissolve Hindu Marriage, But Can Prove Mutual Separation”: J&K & Ladakh High Court Denies Maintenance

Assessment of Compensation Cannot Be Done with Mathematical Precision:  Supreme Court Increases Motor Accident Compensation to ₹38,81,500

07 May 2024 8:19 AM

By: Admin


In a significant judgment, the Supreme Court of India revisited the quantum of compensation awarded in a motor accident case, involving the death of Ravisankar, a multi-faceted individual engaged in agriculture, dairy farming, and government contracting. The apex court increased the compensation to ₹38,81,500, stressing the need for a reasonable assessment of compensation in such cases.

The legal point in this judgment revolved around the assessment of just and fair compensation under the Motor Vehicles Act, 1988. The case was primarily concerned with the determination of the income of the deceased, Ravisankar, and the consequent calculation of the compensation due to his dependents.

Ravisankar, aged 52, the sole breadwinner of his family, met with a fatal accident. His dependents filed a claim for compensation amounting to ₹1,00,00,000. The Motor Accidents Claims Tribunal originally awarded ₹51,64,550, but this was reduced by the High Court to ₹22,48,000. The reduction was primarily due to the reassessment of the deceased’s monthly income from ₹50,000 to ₹20,000 by the High Court.

Income of Deceased: The Supreme Court, after examining the evidence, observed that Ravisankar's diverse income sources justified a higher income assessment. It noted, "to make the lives of his family members comfortable, the deceased was multi-tasking and he was not engaged in a 9.00 to 5.00 P.M. job."

Methodology of Compensation: The court followed the guidelines under the Motor Vehicles Act and relevant case laws, including the Sarla Verma case, for calculating compensation. It emphasized that compensation assessment "cannot be done with mathematical precision" and should be just and fair.

Compensation Breakdown: The Supreme Court reassessed the monthly income of the deceased at ₹35,000 and applied a multiplier of 11 considering his age. The total compensation calculated was ₹38,81,500, including additional compensation for loss of estate, funeral expenses, and loss of consortium.

The Supreme Court modified the High Court's judgment, increasing the compensation to ₹38,81,500, with 8% interest from the date of filing the claim petition till realization. The court underscored the importance of a realistic and humane approach in assessing compensation in such cases.

Date of Decision: 6th March 2024

Vethambal and Others v. The Oriental Insurance Company and Others,

 

Latest Legal News