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The Court held that the Motor Accidents Claims Tribunal committed a manifest error in granting only ₹5000 to the wife and not awarding any parental consortium to the children.
A quick roundup to cover all the important legal developments and cases this week.
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.
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.
The Court created a new compensatory head for the homemaker’s contribution towards smooth functioning of the household, the loss of maternal support for children and loss of spousal support/the support and care of their child who is an adult, for the parents of the deceased.
The Supreme Court settled the law but not before cataloguing a striking number of contradictory judgments from the same High Courts, sometimes by benches of equal strength, on the same point of law.
In the case at hand, a couple on a motorcycle was hit by another motorcycle driven in a negligent manner, and their compensation claim was denied.
To deny compensation to the victim/dependents of the victim, simply because the accident took place outside the bounds of the permit would be offensive to the sense of justice, for the accident itself is for no fault of his.
“The appellant was a first standard student at the time of the accident. Due to the injuries sustained, she was unable to continue her education. As a result, she was deprived of the opportunity to experience the normal joys of childhood, adolescence, and youth. In fact, she remained confined to a small room, completely dependent on others, through no fault of her own.”
“These directions shall continue to bind the Motor Accidents Claims Tribunal and the Commissioners under the Workmen’s Compensation Act, 1923 till rule-making power is properly exercised by the Government”.
Punjab and Haryana High Court: Alka Sarin, J., has upheld the award by Motor Accident Claims Tribunal (MACT) stating that it is
Allahabad High Court: Dr Kaushal Jayendra Thaker, J., directed the insurance company to indemnify the claimants of the deceased who died in an
Bombay High Court: S.M. Modak, J., examined the jurisdiction of the Motor Accident Claims Tribunal in regard to claim made by the insured/owner
Bombay High Court: Anil S. Kilor, J., decided an appeal wherein the claim petition was rejected by the Motor Accident Tribunal on certain
Madras High Court: In the instant case where the issue revolved around the applicability of TDS on interest in Motor Accident Claims;