Supreme Court Recognises Claimant’s Right to Choice and Periodic Replacement of Prosthetic Limb; Enhances Compensation
The Supreme Court based the standardisation of prosthetic limb compensation on 5-year replacement cycle and 70-year lifespan.
Motor Accident Claim
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.
‘Deceased a workman, not gratuitous passenger’; Sikkim HC awards Rs 21.89 lakh compensation to parents for son’s accidental death
“The deceased was a gratuitous passenger based on hearsay knowledge from persons who did not enter the witness box, but, on a preponderance of probabilities, the evidence on record clearly suggest that the deceased was a workman working with the owner.”
Motor Vehicle Accident | SC gives wider interpretation to ‘legal representative’, includes financially dependent father & younger sister while enhancing compensation
A legal representative is one, who suffers on account of death of a person due to a motor vehicle accident and need not necessarily be a wife, husband, parent or child.
Motor Accident Claim | Vicarious application of contributory negligence of car driver to the passengers, to reduce compensation is illegal: SC
“The High Court recorded an incongruous finding that if the offending truck had not been parked on the highway, the accident would not have happened even if the car was being driven at a very high speed. Therefore, the reasoning of the High Court on the issue of contributory negligence is riddled with inherent contradictions and is paradoxical”
‘Ownership’ not limited to categories specified in Section 2(30) of MV Act; Context around control of vehicle important to fix liability: SC
The issue in the instant case revolved around whether a dealer or the manufacturer can be construed as an ‘owner’ vis-a-vis fixation of tortious liability for payment of compensation, especially when the driver and deceased both were employees of the manufacturer.
Insurer has no right to recover motor accident claim compensation from insured vehicle owner for driver’s fake licence: SC
The burden of proving that there was a failure on the part of the vehicle owner in carrying out due diligence apropos driving licence before employing a person to drive the vehicle is upon the insurance company.
[Motor Accident Claims] Calcutta High Court enhances compensation due to extensive medical treatment and victim’s permanent disability
“The person who works in any field if his right hand suffered deformity that will definitely affect inconvenience, hardship, discomfort, frustration and mental stress in his life.”
Calcutta High Court enhances compensation in motor accident claims case
The Calcutta High Court deleted the name of one of the claimants who had passed away, and condoned the delay in filing the appeal.
82 High Court Judgments from January 2022: High Courts Monthly Roundup
82 Judgments from the High Courts of the Country, you wouldn’t want to miss. Here’s a short recap from the month of
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
Explained| Motor Accident Claims: Deceased not earning at the time of death – Can heirs claim future prospect/future rise in income?
“To have the perception that he is likely to remain static and his income to remain stagnant is contrary to the fundamental concept of human attitude which always intends to live with dynamism and move and change with the time.”
P&H HC | Amount of compensation for motor accident claim to be calculated according to minimum wage prevalent in the State
Punjab and Haryana High Court: Ritu Bahri, J. allowed the petition and modified the award according to the prevalent rate in accordance