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Civil · Reportable judgment

Shiv Kumar & Ors. vs Gainda Lal & Ors.

Court
Supreme Court of India
Date
21 October 2022
Case No.
Civil Appeal No. 7629 of 2022
Result
Allowed
Bench
M.R. Shah, M.M. Sundresh
Citation
[2022] 14 S.C.R. 1042 : 2022 INSC 1130
Supreme Court Reports [2022] 14 S.C.R. 1042 : 2022 INSC 1130
Headnote

Motor Vehicles Act, 1988: Fatal accident – Compensation – Enhancement of – Death of housewife aged 25 years in a vehicular accident – Award of compensation of Rs. 19,12,200/- with interest under different heads by the tribunal, enhanced to Rs.29,34,000/with interest at the rate of 7.5 per cent by the High Court – On appeal, held: Deceased was a housewife aged 25 years and was taking tuition, the High Court ought to have considered her income at least Rs 7,500/- – High Court did not consider the future aspect and while considering the loss of dependency 40% of the income is to be added towards future prospects – Thus, claimants entitled to Rs 1 lakh instead of Rs. 50,000 for loss of foetus, Rs.40,000/- each towards loss of consortium or loss of love and affection – Claimant entitled to compensation at Rs.32,82,000/- with interest at the rate of 7.5 % per annum – Order passed by the High Court modified.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 07.03.2019 passed by the High Court of Punjab and Haryana at Chandigarh in First Appeal No.854 of 2014, the original claimants have preferred the present appeal to enhance the amount of compensation. 2. That the wife of the appellant no.1 died in a vehicular accident. At the relevant time, the deceased was aged 25 years and was a housewife. The Motor Accident Claim Tribunal awarded Rs.19,12,200/- with the interest at the rate of 7.5% towards the compensa
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