Bare Acts  | Legal Resources  | Lawyer Locater  | Articles  | Legal Dictionary  | Download Ticker  | Subscription   Home   |   E-Journal  |  Sign-In  | Contact Us  | Disclaimers

Motor Accident Claim
 Search Tips
Motor Accident Claim
Mode of Citation- ILC-2012-SC-MAC-....
Judgement Subject Index/Important Decision/Topic

ILC-2010-SC-MAC-Jul-3

Arun Kumar Agrawal and another Vs. National Insurance Company and others

Compensation - Deceased wife of appellant No.1 and mother of appellant No. 2 - Death in road accident due to rash and negligent driving by the driver of the offending truck - Tribunal noted the monthly income of appellant No.1 at Rs. 15,416/- and on basis of clause 6 of Second Schedule of the Act took at Rs. 5,000/- per month - After deducting one third towards personal expenses of the deceased and applying multiplier of 15 found the amount of compensation to be Rs. 6 lacs but awarded compensation at Rs. 2,50,000/- only - Categorical statement of appellant No.1 that deceased was earning Rs. 50,000/- per annum by paintings and handicrafts - Tribunal did not consider this fact and even working out the dependency at Rs. 6 lacs, awarded compensation only at Rs. 2,50,000/- Impugned judgment and also award of Tribunal set aside - Compensation directed to be paid to the claimant amounting to Rs. 6 lacs with interest @ 6% p.a.

Vehicular Accidents - Compensation - Dependants of woman dying in road accident - Not possible to quantify any amount in lieu of services rendered by the wife/mother to husband and the children - For awarding compensation some pecuniary estimate has to be made - Services require to be given broad meaning - Most unrealistic to compare the gratuitous services of house wife/mother with work of a skilled worker.

Second Schedule, Clause (6) - Notional income of woman categorised as one third of income of earning and surviving spouse - Without properly appreciating the value of services rendered by the home maker and not based on any apparently rational basis-Services produced in home by the women for other members of the household - Important and valuable form of production - Possible to put monetary value to these services - Time has come for the Parliament to have a rethinking for properly assessing the value of homemakers and householders work and suitably amending the provisions of the Acct.

BENCH:

Hon'ble Mr. Justice G.S. Singhvi , Hon'ble Mr. Justice Asok Kumar Ganguly , 

Advocates For the Appellant(s) :

Sanjay Singh, Sharve Singh, Ugra Shankar Prasad, Advocates

Advocates For the Respondent(s) :

Ms. Hetu Arora, Pramod Dayal, Nikunj Dayal, Arun Kumar Beriwal, Vishnu Mehra (for B.K. Satija), Advocates

Topic(s)-Vehicular Accidents , Compensation , Notional income of woman

Important Decision(s)-







Login and Download Full Judgement Body
 
 
User Id
Password
 
  Forgot Password  |  New User Registration  
Latest Update in Motor Accident Claim

ILC-2012-SC-MAC-Jan-1

Mohan Soni Vs. Ram Avtar Tomar and Ors.

ILC-2011-SC-MAC-Dec-1

Ram Kiran Goyal (D) Vs. Sub Divisional Engineer

ILC-2011-SC-MAC-Nov-2

Govind Yadav Vs. New India Insurance Company Limited

ILC-2011-SC-MAC-Nov-1

Sanjay Batham Vs. Munnalal Parihar

ILC-2011-SC-MAC-Oct-3

Ibrahim Vs. Raju and others

ILC-2011-SC-MAC-Sep-2

A. Sridhar Vs. United India Insurance Co. Ltd.

ILC-2011-SC-MAC-Sep-1

D. Sampath Vs. United India Insurance Co. Ltd.

ILC-2011-SC-MAC-Aug-3

M/s. Sharma Transports Vs. The State of Maharashtra & others

ILC-2011-SC-MAC-Aug-2

Urmila and others Vs. Rashpal Kaur and others

ILC-2011-SC-MAC-Aug-1

Sri Ramachandrappa Vs. The Manager, Royal Sundaram Alliance Insurance Company Limited



@2012 Indian law