Back
J. K. MAHESHWARI, RAJESH BINDAL
Parminder Singh – Appellant
Versus
Honey Goyal – Respondent
What is the appropriate mode of payment of compensation in motor accident cases? What are the rights of a claimant regarding the mode of payment of compensation? How can the process of payment of compensation in motor accident cases be streamlined?
Key Points: - The Supreme Court enhanced the compensation awarded to the appellant, who suffered 100% permanent disability due to a motor accident, to Rs. 36,84,000/- (!) (!) . - The enhanced compensation amount is to be calculated and transferred into the appellant's bank account by the Insurance Company within six weeks (!) . - The Court expressed concern regarding the traditional mode of payment of compensation in motor accident cases, which involves depositing the amount with the Tribunal and subsequent withdrawal by the claimant, causing delays and loss of interest (!) (!) . - The Court directed that compensation amounts in motor accident cases should be directly transferred to the claimant's bank account to streamline the process and save claimants from the hassles of court procedures (!) (!) . - Tribunals can issue directions for direct bank transfer of compensation amounts in any matter where one party is to pay another, ensuring proper compliance (!) . - Tribunals may require claimants to furnish their bank account particulars at the initial stage of proceedings to facilitate direct transfer of compensation (!) . - The Court noted that the process of withdrawing compensation from the Tribunal can take 15-20 days on average, and sometimes longer due to lack of knowledge of the deposit (!) . - The judgment highlights the advancements in technology and digital payment transactions in India, suggesting their application to streamline compensation disbursement (!) (!) . - The Court modified the High Court's award by enhancing the compensation for loss of income, attendant charges, special diet, pain and suffering, and adding amounts for physiotherapy expenses, future medical expenses, and loss of marriage prospects (!) (!) . - The Registry was directed to circulate the order to Registrars General of all High Courts and Directors of Judicial Academies for compliance (!) .
JUDGMENT :
(Rajesh Bindal, J.)
1. Leave granted.
2. Aggrieved by the order1[Dated 04.09.2019] passed by the High Court2[High Court of Punjab and Haryana at Chandigarh] in appeal3[FAO No.3726 of 2017], the claimant is before this Court seeking enhancement of compensation.
3. The brief facts are that the appellant met with an accident on 03.06.2014 when he was hit by a car bearing registration No. PB-03- X-0169 coming from the opposite direction. The appellant was driving his motorcycle. A criminal case was registered against the driver of the car. The appellant having suffered grievous injuries, resulting in his disability filed claim petition4[MACT File No.84 of 2014]. The age of the appellant at the time of the accident was 21 years. He was aiming to become veterinary doctor and pursuing his studies for that. The injuries suffered by him resulted in quadriplegia5[Paralysis of all four limbs (according to Oxford English Dictionary)]. As a consequence of which he was declared 100% disabled as per the medical certificate issued by the Orthopedic Surgeon, Civil Hospital, Bathinda. He had incurred medical expenses of Rs. 2,66,000/- on his treatment. A lump sum amount of Rs. 2,00,000/- wa
Mode of payment of compensation in motor accident cases – Direction can always be issued to transfer amount into bank account(s) of claimant(s) with intimation to Tribunal – Courts/Tribunals can alwa....
Accident – Death - Enhancement of compensation - Tribunal may release the money with certain stipulations and that guidelines have to be followed but not rigidly followed as precedents – Award modifi....
Motor Accident Claim – Compensation - Dependants of deceased, deduction of 1/4 to which as children of 2 years and one of 7 months Kumari Alpana have loss their father at time of accident, deduction ....
Motor Accident Claim – Compensation modified - Tribunal may release the money with certain stipulations and that guidelines have to be followed but not rigidly followed as precedents.
Accident - Enhancement of quantum of compensation - Tribunal may release the money with certain stipulations and that guidelines have to be followed but not rigidly followed as precedents.
Motor Accident Claims – Compensation - If amount of interest does not exceeds Rs.50,000/-in any financial year, registry of this Tribunal is directed to allow claimant to withdraw amount without prod....
The court affirmed the authority to enhance compensation awarded by the Motor Accident Claims Tribunal, ensuring timely disbursement to the claimant with provisions for interest and a management plan....
Compensation under the Motor Vehicles Act cannot be reduced due to benefits received from compassionate employment; all dependents are entitled to fair compensation for their loss.
The court affirmed the principle of just compensation under the Motor Vehicles Act, emphasizing that potential earnings should be considered when calculating dependency loss.
The judgment establishes that compensation for personal injury must reflect actual income, future prospects, and the extent of disability, ensuring just compensation under the Motor Vehicles Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
