B. Sangeetha & Anr. vs Omr Travel Access Pvt. Ltd. & Anr.

Court

Supreme Court of India

Date

5 June 2020

Case No.

Civil Appeal No. 2511 of 2020

Result

Allowed

Bench

D.Y. Chandrachud, Ajay Rastogi, Hemant Gupta

Citation

[2020] 5 S.C.R. 255 : 2020 INSC 416

Headnote

Compensation:

Motor Accident – claim for compensation – Tribunal taking C the monthly income of deceased as Rs. 9000/- p.m. awarded compensation of Rs. 20,11,000/- – High Court in appeal enhanced the compensation to Rs. 33,07,000/-, by taking the monthly income of deceased as Rs. 15000/- p.m.– Appeal to Supreme Court – Held: The salary certificate of the deceased indicated that his monthly salary was Rs. 23,419/- p.m.– Therefore, compensation awarded by High Court is enhanced to Rs. 45,29,000/-, with interest at 9% p.a. from the date of filing of claim petition until payment – Appeal allowed – Motor Vehicles Act, 1988.

National Insurance Company Limited v. Pranay Sethi (2017) 16 SCC 680 : [2017] 13 SCR 100 – relied on.

The following Order of the Court was passed : ORDER 1. Leave granted. 2. This appeal arises from a judgment and order dated 27 June 2017 of a Division Bench of the High Court of Judicature at Madras. The High Court in an appeal against an award of the Motor Accident Claims Tribunal1, enhanced the compensation payable to the appellants from Rs 20,11,000 to Rs 33,07,000. The amount was directed to be apportioned between the appellants, who are the wife and mother of the deceased. The liability has been fastened jointly and severally on the owner of the offending vehicle and the insurer. 3. T

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