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1990 Supreme(SC) 250
SUPREME COURT OF INDIA
PARMANAND KATARA
Versus
Union of India
Decided On : (April 16, 1990)
The court emphasized the need to interpret Article 21 of the Constitution to provide basic minimum compensation for motor accidents, influencing the decision to recommend an enhancement of the compensation under the Motor Vehicles Act.
Headnote:
Compensation - Motor Accidents - Interpretation of Article 21 of the Constitution
Fact of the Case:
The petitioner sought basic minimum compensation under Article 21 of the Constitution for motor accidents resulting in death, challenging the fixed amount of Rs. 25,000 under the Motor Vehicles Act.
Finding of the Court:
The court found that the compensation provided for motor accidents under the Motor Vehicles Act should be enhanced, considering the compensation provided for deaths while travelling by railway or air.
Issues: Interpretation of Article 21 of the Constitution, adequacy of compensation under the Motor Vehicles Act
Ratio Decidendi: The court emphasized the need to provide basic minimum compensation in line with the meaning of life under Article 21 of the Constitution, and recommended the enhancement of the compensation for motor accidents.
Final Decision: The writ petition was disposed of with the recommendation to enhance the compensation for motor accidents.
Judgment
KULDIP SINGH, J.
( 1 ) THIS is an application under Article 32 of the Constitution and is a public interest litigation. The sole prayer made to this court in this petition is that a basic minimum compensation to the meaning of life in Article 21 of the constitution should be provided in respect of motor accidents when death takes place under the Motor Vehicles Act no fault liability has been fixed at Rs. 25,000. 00. We are of the view that taking into consideration the compensation provided when such death takes place while travelling by railway or by air, the amount of Rs. 25,000. 00 provided for no fault liability in the Motor Vehicles Act should be enhanced. We commend that early steps may be taken in this regard. The writ petition is disposed of accordingly.
