Dependency, Not Legal Status, Governs Computation of Loss of Dependency; Second Wife and Minor Daughter Held Entitled to Compensation under MV Act: Karnataka HC
The Court Enhanced the Motor Accident Compensation from ₹15 Lakhs to ₹30 Lakhs.
The Court Enhanced the Motor Accident Compensation from ₹15 Lakhs to ₹30 Lakhs.
The Court observed ITRs are statutory documents when it comes to assessing one’s income, for the purposes of compensation under the MV Act. Hence, it issued the Guidelines for annual income assessment after effectively making a bifurcation between salaried individuals and self-employed individuals.
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“While the loss of leg cannot be compensated, the appellant could be paid pecuniary compensation towards the purchase of the prosthetic leg and its repairs. It would tend to do justice.”
The Supreme Court held that courts must ensure just compensation even where a legitimate conventional head has been omitted by the courts below. Correcting such an omission, it enhanced the MACT award by granting ₹40,000 each towards filial consortium to the parents of the deceased.
The Court discussed the difference between a gratuitous passenger travelling in a private vehicle that met with an accident, and the deceased wife of the insured in the instant case who was held to be covered as a “third party”. The distinction proved to be elemental in granting “just compensation” to the appellants.
Bombay High Court : In an appeal filed against the judgment and award dated 20-11-2009 passed by the Motor Accident
Rajasthan High Court: Birendra Kumar J. allowed the appeal and enhanced the award considering the settled guidelines in the subsequent judgments to
Supreme Court: Reminding the Courts that the Motor Vehicles Act is in the nature of social welfare legislation and its provisions make