Knife Never Found, Depth of Wounds Unknown: Delhi HC Refuses To Upgrade Stabbing Conviction From Grievous Hurt To Attempt To Murder 'AL KAMDHENU GOLD' Belongs To Kamdhenu, Not Ashiana: Delhi HC Finds 2002 Agreement Was A Licence, Not An Assignment — Grants Injunction Against Steel Rival Land Acquired In 2004 At ₹19,660/sq.m — Company Can Now Claim ₹1,30,000/sq.m After Neighbour's Plot Gets That Rate: Delhi HC Allows Amendment After 16 Years State Used Eminent Domain to Hand Over 53 Acres to a Non-Existent Company: Karnataka High Court Quashes Acquisition, Orders CBI Investigation Trademark | Passing Off Action Requires Only Likelihood Of Confusion, Not Strict Proof Of Counterfeiting: Madras High Court Buyer Failing To Pay Full Amount On Time Cannot Sustain Cheating Case If Seller Transfers Property To Third Party: Madhya Pradesh High Court State Cannot Arbitrarily Deviate From Merit-Based Posting SOP For Senior Resident Doctors: Calcutta High Court Ready Reckoner Rates Cannot Form Sole Basis For Determining Land Acquisition Compensation: Bombay High Court MACT Cannot Decide Personal Accident Claims of Vehicle Owners: Madras High Court Sets Aside Rs. 15 Lakh Award Specific Performance | Sale Agreement to Cheat Stamp Duty Is Void, But Buyer Still Gets Money Back: Madras High Court Higher Degree Cannot Substitute Essential Work Experience; Preference Operates Only Among Eligible Candidates: Supreme Court Legal Representatives Aggrieved By Arbitral Award Must Challenge It Under Section 34 Arbitration Act, Not Article 227: Supreme Court

Supreme Court Enhances Compensation in Motor Vehicle Accident Case, Citing “Serious Errors” in Previous Assessments

07 May 2024 8:19 AM

By: Admin


In a recent judgment, the Supreme Court of India has enhanced the compensation awarded to a claimant in a motor vehicle accident case. The court noted “serious errors” in the assessments made by the Motor Vehicles Claims Tribunal and the High Court, leading to a lower compensation amount being awarded initially.

The appellant, Sri Lakshmana Gowda B.N., had filed an appeal challenging the quantum of compensation awarded by the Tribunal. The court heard arguments from both the appellant and the respondent, The Oriental Insurance Co. Ltd., and examined the records of the case.

Justice Aravind Kumar, delivering the judgment, stated, “The Tribunal committed a serious error in awarding abysmally less compensation contrary to the evidence on record.” The court found that the assessments of the claimant’s income and permanent disability were incorrect, resulting in an unjustifiably low compensation amount.

The court awarded additional compensation for pain and suffering, stating, “The compensation awarded towards ‘pain and suffering’ is on the lower side.” They also considered the claimant’s loss of future income, loss of marriage prospects, and loss of earnings during the laid-up period, recalculating the compensation amounts for these factors.

“The Tribunal and the High Court fell in error in construing the income of the claimant at Rs. 3,000/- p.m. instead of Rs. 8,000/- p.m.,” the court emphasized, highlighting the incorrect assessment of the claimant’s income.

The final compensation awarded by the Supreme Court was Rs. 15,94,812, with interest at 6% per annum. The court directed The Oriental Insurance Co. Ltd. To deposit the awarded amount within six weeks.

Date of Decision:  July 7, 2023

SRI LAKSHMANA GOWDA B.N.   vs THE ORIENTAL INSURANCE CO. LTD.  CO. LTD. AND ANOTHER 

[gview file="https://lawyer-e-news.com/wp-content/uploads/2023/07/07-Jul-2023-SRI-LAKSHMANA-Vs-Oriental-Insurance.pdf"]

Latest Legal News