Case Note & Summary
The Supreme Court heard an appeal by claimants dissatisfied with the compensation awarded by the High Court in a motor accident claim case. The victim died in an accident involving a tanker lorry insured with the respondent. The Motor Accidents Claims Tribunal awarded Rs. 9,37,000, which the High Court enhanced to Rs. 10,51,000. The Supreme Court found that the High Court erred in not awarding future prospects and in granting compensation for loss of love and affection, contrary to Pranay Sethi. The Court enhanced the compensation by adding future prospects and adjusting other heads, directing the insurer to pay the enhanced amount with interest.
Headnote
The Supreme Court allowed the appeal filed by the claimants -- The Court enhanced the compensation awarded by the High Court -- The Court held that the High Court erred in not awarding future prospects and in granting compensation under the head 'loss of love and affection' -- The Court applied the principles laid down in National Insurance Co. Ltd. v. Pranay Sethi (2017) 16 SCC 680 -- The Court overruled the compensation for loss of love and affection as per Pranay Sethi -- The Court directed the insurer to pay enhanced compensation with interest -- The judgment clarifies the computation of 'just compensation' under Section 168 of the Motor Vehicles Act, 1988
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Issue of Consideration: The Issue of assessment of compensation payable to claimants under the Motor Vehicles Act, 1988, particularly regarding income determination, future prospects, and heads of compensation
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Final Decision
The Supreme Court allowed the appeal, enhanced the compensation by awarding future prospects and adjusting other heads, and directed the insurer to pay the enhanced amount with interest as specified
