INSURANCE
Householder insurance policy—Repudiation of claim—Basement of insured’s house was flooded due to excessive rainfall causing damage to the building—First survey noted that loss occurred due to heavy rain and water entering through the flooring—Structural Engineers’ reports also attributed the damage to flooding caused by excessive rainfall—Insurance company repudiated the claim based on a second survey report stating that damage ... Read more.

MOTOR VEHICLES ACT, 1988
Section 147 (1)—Motor insurance—Liability of insurance company—Pay and recover order—Tribunal fastened liability on insurance company to pay compensation—High Court exonerated the insurance company from liability and directed owner to pay compensation—Apex Court found that owner is financially incapable and to safeguard the interest of claimants directed insurance company to pay compensation and then recover the amount from owner. ... Read more.

MOTOR VEHICLES ACT, 1988
Sections 147 (1) and 168 (1)—Motor insurance—Scope of liability— Award—Just compensation—Injured-claimant, a 22-yearold cleaner, suffered 90 per cent disability in both legs, with one leg amputated—Tribunal taking functional disability at 100 per cent awarded Rs. 16,34,400—In appeal by claimant High Court directed insurance company to provide prosthetic limbs, motorised wheelchair, travel cost and technical support for maintenance ... Read more.

MOTOR VEHICLES ACT, 1988
Section 166—Claim application—Employment on compassionate grounds—Whether compassionate employment to a family member of the deceased can be a ground to dislodge a claim under the MV Act—Held: no. ... Read more.

MOTOR VEHICLES ACT, 1988
Section 166 and Constitution of India, Article 142—Claim application—Accident occurred in 1992 resulting in death of claimant’s son, a Police Constable—Younger son of claimant was appointed as Constable on compassionate grounds—Claimant withdrew her initial claim application in 1996 and filed a fresh claim in 2000—Tribunal dismissed the claim application as time-barred—High Court holding that a stale claim cannot be entertained ... Read more.

MOTOR VEHICLES ACT, 1988
Section 166 (1) (c)—Claim application—Legal representative— Married daughter and mother—Entitlement to compensation for loss of dependency—Claim filed by married daughter and mother of the deceased, a lady aged between 51-55, was allowed by the Tribunal holding that claimants are legal heirs of the deceased—High Court holding that claimants are not dependants awarded Rs. 50,000 as per section 140 of MV Act to the married daughter while ... Read more.

QUANTUM
Fatal accident—Deceased aged 43, construction supervisor, getting Rs. 15,000 p.m.—Claimants: widow, three children and parents—Tribunal awarded Rs. 15,53,200 which was reduced to Rs. 14,51,250 by the High Court—Apex Court assessed income at Rs. 12,000 p.m., added 25 per cent towards future prospects, deducted th for personal expenses, adopted multiplier of 14 and allowed Rs. 18,90,000 plus Rs. 2,30,000 towards loss of consortium, Rs. 18,150 ... Read more.

QUANTUM
Fatal accident—Deceased a lady aged between 51-55, earning Rs. 24,406 p.m.—Claimants: married daughter and mother— Tribunal awarded Rs. 15,97,000—High Court holding that claimants are not dependants awarded Rs. 50,000 as per section 140 of Motor Vehicles Act to the married daughter and disallowed compensation to the mother—Apex Court affirmed the award Rs. 50,000 to married daughter in absence of financial dependency, however, held that ... Read more.

QUANTUM
Fatal accident—Principles of assessment—Income—Determination of—Deceased aged 28, a truck driver, drawing Rs. 10,000 p.m.—Tribunal accepted income of Rs. 10,000 p.m. and awarded Rs. 23,07,000—High Court relying on minimum wages assessed income at Rs. 4,076 p.m. and reduced the compensation to Rs. 12,34,105—Apex Court held that even an unskilled worker would have earned Rs. 10,000 p.m. during 2014 therefore income claimed at Rs. ... Read more.

QUANTUM
Injury—Leg—Amputation of left leg below knee resulting in disability at 50 per cent—Tribunal awarded Rs. 3,06,100 which was enhanced to Rs. 8,07,567 by the High Court—Apex Court considering the age and occupation of the injured allowed additional compensation of Rs. 7,00,000 and enhanced the award to Rs. 15,07,567. ... Read more.

QUANTUM
Injury—Vegetative state—Injured aged 25, earning Rs. 9,000 p.m., suffered permanent disability at 90 per cent rendering him completely bedridden—Tribunal took income at Rs. 4,500 p.m. and awarded Rs. 16,00,000—High Court fixed income at Rs. 6,000 p.m. and enhanced the award to Rs. 25,83,600—Apex Court considering that even an unskilled worker would have earned Rs. 10,000 p.m. during 2015 fixed income at Rs. 9,000 p.m. as claimed, added 40 ... Read more.

EMPLOYEE’S COMPENSATION ACT, 1923
Section 4 (1) (c) read with Schedule I, Part II—Permanent partial disablement—Determination of—Forging machine operator lost phalanges of four fingers of right hand in accident during the course of employment—Commissioner assessed disability at 100 per cent—High Court reduced disability to 34 per cent as per Schedule I—Held: where multiple fingers of working hand are mutilated mere aggregation of percentages ... Read more.

MOTOR VEHICLES ACT, 1988
Section 166 (2)—Claims Tribunal—Territorial jurisdiction—MACT, Gurugram dismissed the claim application after recording of evidence on the ground of lack of territorial jurisdiction—Held: since insurance company has an office within Gurugram, the Tribunal has territorial jurisdiction to decide the claim application; hyper-technical approach should not be taken in a claim under Motor Vehicles Act. ... Read more.

MOTOR VEHICLES ACT, 1988
Section 168 (1) and Haryana Compassionate Assistance to the Dependants of Deceased Government Employees Rules, 2006, rule 5—Quantum—Deductions—Ex gratia payment on compassionate ground—Death of a government employee in motor accident—Tribunal awarded Rs. 37,85,800 without making any deduction towards ex gratia payment received under Haryana Rules, 2006—High Court enhanced the award to Rs. 45,14,986 but deducted 50 ... Read more.

MOTOR VEHICLES ACT, 1988
Section 173 read with Limitation Act, 1963, section 6—Appeal—Limitation—Legal disability—Delay of 10 years in filing of appeal—Claim filed by husband and minor sons of the deceased—Tribunal awarded compensation in 2006—Appeal filed by children alone in 2016 seeking enhancement of compensation was allowed by the High Court—Insurance company challenge the belated appeal—Held: exemption under section ... Read more.

QUANTUM
Fatal accident—Deceased a girl aged 6—Claimants: parents—Claims Tribunal fixed income at Rs. 21,000 p.a. and awarded Rs. 5,30,000—Apex Court relying on minimum wages of a skilled worker in 2014 fixed income at Rs. 6,690 p.m., added 40 per cent of income towards future prospects, deducted 50 per cent for personal expenses, adopted multiplier of 18 and allowed Rs. 10,11,528 plus Rs. 96,800 for loss of consortium, Rs. 18,150 for loss of estate and ... Read more.

QUANTUM
Fatal accident—Deceased a bachelor aged 20—Claimants: parents, brother and sister—Tribunal awarded Rs. 2,95,100—High Court enhanced the award to Rs. 3,47,520—Apex Court took income at Rs. 2,500 p.m., added 40 per cent of income for future prospects, taking dependent family members as four deducted rd towards personal expenses, adopted multiplier of 18 and allowed Rs. 5,04,000 plus Rs. 1,60,000 towards loss of filial consortium, Rs. 15,000 ... Read more.

QUANTUM
Fatal accident—Deceased aged 38, a businessman and permanent resident of Canada—Claimants: widow, three minor children and mother—Tribunal fixed income at Rs. 4,000 p.m. and awarded Rs. 3,74,400—High Court relying on income tax returns filed before Canadian authorities assessed monthly income at 4,200 Canadian dollars (CAD) and allowed CAD 5,67,000 for loss of dependency plus Rs. 1,10,000 towards non-pecuniary damages; it further directed that ... Read more.

QUANTUM
Fatal accident—Deceased aged 44, running a grocery store, earning Rs. 15,000 p.m. and owned a trekker—Claimants: widow and children—Tribunal relying on testimonies of co-villagers corroborating claimants’ version about avocation of the deceased and in absence of contra evidence took income at Rs. 15,000 p.m., added 25 per cent towards future prospects, deducted rd for personal expenses, adopted multiplier of 14 and awarded Rs. 21,00,000 plus ... Read more.

QUANTUM
Fatal accident—Principles of assessment—Rate of exchange—Death of a Canadian national of Indian origin in motor accident in India—High Court awarded compensation towards loss of dependency in Canadian dollars with a direction that conversion in Indian rupees be made at the rate prevalent on the date of decision in appeal—Whether exchange rate prevailing on the date of filing of claim application has to be adopted—Held: yes. ... Read more.

QUANTUM
Injury—Injured a student in his twenties, suffered permanent disability at 70 per cent—Tribunal awarded Rs. 7,09,303—High Court assessed income on the basis of minimum wages and enhanced the compensation to Rs. 23,90,719—Apex Court considering that accident occurred in 2012 and relying on Harpreet Singh, 2020 ACJ 2152 (SC), fixed income at Rs. 10,000 p.m., added 40 per cent of income towards future prospects, adopted multiplier of 18 and taking ... Read more.

QUANTUM
Injury—Leg—Amputation of right leg—Injured a boy aged 17-18, doing small-scale business, suffered permanent disability at 80 per cent—Tribunal awarded Rs. 5,78,400—High Court relying on minimum wages of an unskilled worker assessed income at Rs. 5,270 p.m. and enhanced the award to Rs. 13,39,922—Apex Court observed that compensation cannot be determined on the premise that injured, a young entrepreneur, would have remained an unskilled ... Read more.

QUANTUM
Injury—Leg—Amputation of right leg above knee—Injured aged 22, holding diploma in Mechanical Engineering, running a coaching centre and working as an accountant, earning Rs. 25,000 p.m.—Tribunal assessed income at Rs. 6,000 p.m. and taking disability at 50 per cent awarded Rs. 6,70,000—High Court enhanced the compensation to Rs. 10,10,004—Apex Court fixed income at Rs. 6,000 p.m., added 40 per cent of income towards future prospects, ... Read more.

QUANTUM
Injury—Leg—CRPF Sub-Inspector aged about 43, drawing Rs. 36,231 p.m., sustained injury on left leg and also suffered heart attack due to stress of injuries—Injured was discharged from service and lost promotion opportunities—Medical Board assessed disability at 61.94 per cent while Tribunal-appointed Commissioner assessed disability at 78 per cent—Tribunal observing that no evidence is led to show that injured was incapacitated to perform ... Read more.

QUANTUM
Injury—Leg—Injured aged 27, earning Rs. 10,000 p.m., remained hospitalised for two months and he is unable to do any work post-accident—Tribunal fixed income at Rs. 7,500 p.m. and taking disability at 20 per cent awarded Rs. 6,78,000—High Court assessed disability at 100 per cent and enhanced the award to Rs. 25,68,938—Apex Court in absence of evidence to rebut the oral evidence regarding income of the injured assessed income at Rs. 10,000 ... Read more.

QUANTUM
Injury—Leg—Injured aged 51, primary school teacher, getting Rs. 19,000 p.m., suffered injury on right leg and underwent nail insertion—Tribunal relying on salary certificate fixed income at Rs. 16,340 p.m. and taking disability at 10 per cent awarded Rs. 6,17,515—High Court enhanced the award to Rs. 6,77,515—Apex Court fixed income at Rs. 16,340 p.m., added 30 per cent of income towards future prospects, adopted multiplier of 11 and taking ... Read more.

QUANTUM
Injury—Leg and arm—Amputation of right leg above knee and mutilation of right arm—Injured aged 46, earning Rs. 16,500 p.m. as an Area Sales Manager and Rs. 7,500 p.m. by working as parttime Manager in a hotel—Tribunal relying on income tax return fixed income at Rs. 17,500 p.m. and awarded Rs. 17,65,813—High Court assessed permanent disability at 54 per cent and enhanced the award to Rs. 22,53,563—Apex Court fixed income at Rs. 17,500 ... Read more.

QUANTUM
Injury—Paraplegia—Injured a girl aged 3 suffered spinal cord injury resulting in paraplegia and permanent disability at 100 per cent—Injured is wheelchair bound—Tribunal awarded Rs. 8,01,700 which was enhanced to Rs. 26,28,000 by the High Court—Apex Court considering the future expenses for treatment and attendants allowed additional compensation of Rs. 5,00,000. ... Read more.

QUANTUM
Injury—Principles of assessment—Income—Determination of—Injured lady aged 41, earning Rs. 26,000 p.m. (Rs. 16,000 p.m. as professor in a university and Rs. 10,000 from tuitions), suffered permanent disability at 5 per cent—Tribunal considering that injured stopped working as professor two years prior to the accident took income at Rs. 10,000 p.m. (from tuitions) and awarded Rs. 3,84,792—High Court enhanced the award to Rs. 5,41,292—Whether ... Read more.

QUANTUM
Deductions—Pension—Injured a CRPF Sub-Inspector, drawing Rs. 36,231 p.m., was discharged from service due to disability sustained in motor accident—High Court deducted pension amount and assessed income at Rs. 20,984 p.m.—Whether pension and such retirement benefits are deductible while assessing income—Held: no; compensation is to be calculated based on last-drawn salary of the injured. ... Read more.

Section 166 (1) (c) read with Hindu Succession Act, 1956, section 15 (1) (b)—Claim application—Legal representative— Death of married daughter, her husband and minor son in the same accident—Claim filed by parents of married daughter and her mother-in-law was made a party respondent—Tribunal apportioned the award equally amongst mother, father and mother-in-law of the deceased—Whether mother-in-law of the deceased, being the only surviving class-II legal heir, ... Read more.