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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.
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.
‘While determining the issue of negligence, the courts are not subjected to apply the strict principles of evidence to motor vehicle accident cases as the standard of proof required in such cases is one of preponderance of probabilities.’
Madras High Court after noting that the State Government is taking steps to conduct surprise checks, remarked that this will not stop the problem, and emphasised that assessing the level of alcohol in the blood at least in cases where accidents takes place should be made mandatory, as this will help the motor accident claims to be decided in a proper manner while determining the issue of negligence to be attributed in an accident.
While deliberating over several appeals, the Jammu and Kashmir and Ladakh High Court decided the questions of liability and ‘pay and recover’ in favour of the appellant Insurance Company
Punjab and Haryana High Court while disposing of the appeals challenging compensation awarded by Motor Accidents Claims Tribunal held, unmarried daughter is financially dependent on her deceased father and entitled for compensation.
Supreme Court: In an appeal filed against the judgment of Karnataka High Court reducing the total compensation from Rs. 21,08,400/-
Karnataka High Court: K. Somashekar, J. modified the order of the Motor Accidents Claims Tribunal (MACT) by enhancing the compensation awarded to