QUANTUM
Interest—Allowed at the rate of 8 per cent per annum from the date of filing of claim application till realization. ... Read more.

INSURANCE
Contractor’s all risk insurance policy—Repudiation of claim— NHAI awarded a contract for constructing a cable-stayed bridge to a joint venture company—Insurance company issued contractor’s all risk policy covering risk of NHAI as principal along with JV company—While the construction was in progress a part of the bridge collapsed resulting in death of 48 workmen— Officials of the JV company were charge-sheeted for death of ... Read more.

MOTOR VEHICLES ACT, 1988
Section 168 (1)—Award—Just compensation—Claimants claimed compensation of Rs. 38,34,000 and Claims Tribunal awarded Rs. 19,55,250—High Court assessed compensation at Rs. 28,00,375 but observing that claimants have valued the appeal at Rs. 4,00,000 awarded additional compensation of Rs. 4,00,000—Whether there is any restriction upon the court to award compensation exceeding the amount claimed—Held: no; under section 168 Tribunal/court ... Read more.

MOTOR VEHICLES ACT, 1988
Section 168 (1)—Award—Just compensation—Court-fee—Deficiency in—High Court enhanced compensation from Rs. 1,09,598 to Rs. 6,80,000 but observing that court-fee affixed by claimant was valued at Rs. 3,00,000 awarded Rs. 4,09,598—Whether deficiency in court-fee can be a ground to scale down the compensation payable under Motor Vehicles Act—Held: no; claimant is entitled to Rs. 6,80,000 on payment of deficit court-fee within 4 weeks. ... Read more.

QUANTUM
Fatal accident—Deceased a bachelor aged 26, drawing Rs. 50,942 p.m.—Claimant: mother—Tribunal fixed income at Rs. 50,742 p.m. after deducting Rs. 200 towards professional tax, deducted 50 per cent of income towards personal expenses, added 50 per cent for future prospects, adopted multiplier of 17 and awarded Rs. 1,03,51,368 plus Rs. 25,000 for loss of love and affection and Rs. 25,000 for funeral expenses; total Rs. 1,04,01,000— High Court relying ... Read more.

QUANTUM
Fatal accident—Principles of assessment—Income—Determination of—Whether transport allowance, provident fund, PF loan and leave encashment are to be added to the basic salary of the deceased while assessing his income—Held: yes. ... Read more.

QUANTUM
Injury—Arm—Injured an agriculturist, sustained multiple fractures on his arms and underwent surgery for implanting plates— Doctor opined that injured suffered disability at 50 per cent to the whole body—Tribunal took loss of future income at 25 per cent and awarded Rs. 5,38,872—High Court assessed disability at 20 per cent and reduced the award to Rs. 4,74,072—Apex Court observed that High Court erred in reducing the percentage of ... Read more.

QUANTUM
Deductions—Whether the High Court was justified in excluding perquisites/allowances in the nature of house rent, flexible benefit plan and employer’s contribution to provident fund from gross income of the deceased while awarding future prospects— Held: no; perquisites/allowances admissible to an employee are not static and continue to rise proportionate to the length of service. ... Read more.

MOTOR VEHICLES ACT, 1988
Section 2 (30)—Owner—Dealer—Liability of—Car met with accident during a test drive resulting in death of an occupant of car—Driver of car and deceased were employees of car’s manufacturer who took the vehicle from the dealer for the test drive—Tribunal found that no evidence was led to show that manufacturer sold the car to dealer, however, observing that car was in possession of dealer and car driver was an ... Read more.

MOTOR VEHICLES ACT, 1988
Section 173 (1) and Civil Procedure Code, 1908, Order 41, rule 33—Appeal—Powers of appellate court—Car met with accident during a test drive resulting in death of an occupant of car—Tribunal directed both manufacturer and dealer of car to pay compensation jointly and severally—Whether manufacturer can take recourse to the provisions of Order 41, rule 33 to challenge its liability in an appeal by the dealer without filing ... Read more.

NEGLIGENCE
Contributory negligence—Car dashed against a stationary truck resulting in death of car driver—Tribunal and High Court held that car driver was negligent to the extent of 20 per cent—Held: truck was parked in the middle of road without any warning sign yet negligence has been attributed against car driver by observing that speed of car appeared to be extremely high and car driver could have avoided the accident; no material on record to substantiate ... Read more.

QUANTUM
Fatal accident—Deceased aged 39, a truck driver—High court awarded Rs. 9,75,000—Apex Court took income at Rs. 10,000 p.m., considering that deceased was a bachelor deducted 50 per cent for personal expenses, added 40 per cent towards future prospects, adopted multiplier of 15 and allowed Rs. 12,60,000 plus Rs. 80,000 for loss of consortium, Rs. 15,000 for loss of estate and Rs. 15,000 towards funeral expenses and enhanced the award by Rs. 4,00,000. ... Read more.

QUANTUM
Injury—Leg—Amputation of right leg below knee—Injured aged 33, a welder—Tribunal awarded Rs. 10,70,627 after deducting 20 per cent towards contributory negligence—High court enhanced the award to Rs. 17,04,451—Apex Court observed that no compensation was awarded towards artificial limb which should have been considered as injured was working as a welder and granted global enhancement of Rs. 3,00,000. ... Read more.

QUANTUM
Injury—Leg—Injured lady aged 29, a cook, earning Rs. 6,000 p.m., suffered injuries on both legs resulting in disability at 45 per cent—Tribunal awarded Rs. 1,68,122—High Court allowed Rs. 2,90,722 including Rs. 1,35,000 towards injury—Apex Court took income at Rs. 6,000 p.m., added 40 per cent of income towards future prospects, adopted multiplier of 17 and taking functional disability at 25 per cent enhanced the award towards injury from ... Read more.

QUANTUM
Injury—Leg—Injured lady aged 30, suffered amputation of leg resulting in 100 per cent permanent disability—High Court awarded Rs. 9,10,000—Apex Court considering the value of household services in 2007 fixed income at Rs. 4,000 p.m., adopted multiplier of 17 and taking functional disability at 100 per cent allowed Rs. 8,16,000 towards loss of future earnings plus Rs. 3,26,400 towards future prospects at 40 per cent, Rs. 2,07,000 towards medical ... Read more.

QUANTUM
Injury—Pelvis and ribs—Injured suffered compound fracture in left acetabulum and left rib—Doctor opined that injured has suffered 17 per cent disability to the whole body—Tribunal taking whole body disability at 10 per cent and income at Rs. 3,500 p.m. awarded Rs. 87,700 which was enhanced to Rs. 1,27,700 by the High Court—Apex Court observed that both Tribunal and High Court erred in not accepting the medical evidence of the treating doctor ... Read more.

QUANTUM
Injury—Principles of assessment—Income—Determination of—Tribunal considering the income tax returns fixed income at Rs. 1,00,000 p.a. and awarded Rs. 15,51,000—High Court without any material to disbelieve the income tax returns assessed income as per guidelines issued by Rajasthan State Legal Services Authority and reduced the award to Rs. 7,35,000—Held: guidelines issued by any State Legal Services Authority should be applied only ... Read more.

QUANTUM
Interest—Whether injured-claimant is entitled to interest on medical expenses to be incurred in future—Held: no. ... 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.