Motor Accident Claim
Mode of Citation- ILC-2017-SC-MAC-....
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Motor Accident Claim
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Motor Accident Claim
Mode of Citation- ILC-2017-SC-MAC-....
Judgement Subject Index/Important Decision/Topic

ILC-2009-SC-MAC-Apr-2

RANI GUPTA & ORS. Vs. M/S. UNITED INDIA INSURANCE CO. LTD. & ORS

Head Note

Motor Vehicles Act,1988  - Section 173

Motor Accident - Compensation - Income of deceased - Assessment of - Future prospects of deceased - Deceased 46 years of age - Deceased wipe of entire loan within a short time taken from bank and becoming owner of an industrial plot Deceased filing income tax return - Tribunal assessing annual income of deceased at Rs. 1,87,500/- - Considering the age of deceased, Tribunal applying multiplier of 13 - 1/3 deducted toward personal expenses - Total compensation of Rs. 17,40,000/- awarded by Tribunal - Approach adopted by Tribunal - Application of multiplier of 10 cannot be said to be bad in law - In terms whereof, compensation would come to Rs. 12,50,000/- - Though High Court might not be entirely correct in opining that remaining loss could be made good, yet Supreme Court refrained from delving into said question any further, as it found ultimate decision of High Court to be correct - Appeal dismissed.

Motor Vehicles Act,1988  - Section 173

Motor Accident - Third party insurance - Private car package policy - Insurance cover qua person traveling in a private car - Income of deceased, a businessman - Loss of dependency - Remainder of assets - Actual loss of dependency of family was contribution of deceased to run business - Assets of business remained - In determination of the amount of compensation, this factor was required to be considered.

Motor Vehicles Act,1988  - Motor Accident Claim

Multiplier - Death due to rush and negligent driving - Claim for compensation - On applying legal principles, multiplicand would be annual dependency multiplied by life expectancy minus age of deceased - Court proceeded on the basis of multiplier mentioned in Second Schedule.

Topic(s)-Motor Accident Claim , Rush and Negligent Driving , Compensation , Third Party Insurance , Private Car Package Policy







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