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.
loss of dependency
Woman Electrocuted, Neighbour Dies Trying to Help: Rajasthan HC Holds RSEB Strictly Liable for Double Electrocution Deaths; Enhances Compensation
Applying the principle of strict liability, the appellants were held to be liable for compensation for the death caused by electrocution by live electric wire as liability can arise even without proof of negligence if the escape or transmission of a dangerous substance, such as electricity, causes harm and the Court enhanced the compensation holding that in the absence of proof of income, the loss of earning should be determined on the basis of minimum wages.
Delhi HC: Earning husband entitled to ‘loss of dependency’ compensation for death of earning wife; dependency not confined to financial dependence
Delhi High Court ruled that an earning husband is entitled to claim compensation under the head of loss of dependency for the death of his earning wife, holding that dependency extends to the deceased spouse’s contribution to the household corpus and is not negated merely because the surviving spouse is also earning.
‘Income of No Person Can Remain Static’: Karnataka HC Enhances Compensation Awarded to Coolie in Motor Accident Claim
The Court enhanced the compensation for the claimants while deciding the case on motor accident, taking into consideration the prospects and dismissed the issue raised by the United India Insurance Co. Ltd. (the Company) as they failed to prove any fraud on the claimant’s part.
In Absence of Income Proof, Minimum Wages Act Governs Notional Income in Motor Accident Claims: Andhra Pradesh HC Enhances Compensation from ₹12.4 lakh to ₹16.92 Lakh
The Court allowed the motor accidents appeal and enhanced the compensation in a motor accident claim, by awarding 40 per cent additional income towards future prospects and ₹40000 to each claimant under the head of loss of consortium.
Can Siblings Claim Compensation under Head of ‘Loss Of Love And Affection’ in Motor Accident Cases? Kerala HC Answers
Kerala High Court evaluates if siblings of a deceased accident victim are eligible for compensation under the head ‘loss of love and affection’, while also revisiting notional income, dependency calculations and conventional heads of damages.
Husband entitled to loss of dependency despite separation claim; Burden to establish separation on Insurer: Karnataka High Court
“Residing together cannot be added as additional condition to be established by claimant to be entitled for compensation. Burden to establish separation would be on Insurer.”
Taking Rs 15,000 as notional income of a family member who is non-earning, in a motor accident claim: Is it reasonable? All HC decides
Allahabad High Court: The Division Bench of Dr Kaushal Jayendra Thaker and Ajai Tyagi, JJ., enhances quantum of award of a non-earning
Kar HC | Compensation under MV Act enhanced considering relevant factors in line with cases decided by SC
Karnataka High Court: K. Somashekar, J. modified the order of the Motor Accidents Claims Tribunal (MACT) by enhancing the compensation awarded to
Raj HC | Damages for right of spouse to compassion and care under “loss of consortium” awarded
Rajasthan High Court: P.K. Lohra, J. allowed an appeal for enhancement of the compensation amount awarded by the Motor Accident Claims Tribunal,
Kar HC | Age of deceased must be taken into consideration while calculating ‘loss of dependency’ for purpose of granting compensation in a motor accident
Karnataka High Court: H.T. Narendra Prasad, J. dismissed the appeal filed by an Insurance Company against the order passed by Motor Accident