SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2010 Supreme(P&H) 3251

K.KANNAN
Milapa Devi – Appellant
Versus
Om Parkash – Respondent


Judgment

K.Kannan, J.

1. The claimant is on appeal challenging the quantum and seeking for enhancement of compensation. The deceased was the driver of Matador Van, which dashed against yet another vehicle coming from the opposite direction. The Tribunal took the dependence on the deceased for the widow and the daughter at Rs.750/- per month, adopted a multiplier of 16 and determined a compensation of Rs.1,50,000/-. It had found that the deceased himself had contributed to the accident in equal measure with the insureds vehicle and caused 50% abatement of the claim and sliced down the compensation entitlement to Rs.75,000/- with interest @12%. From the language employed by the Tribunal in the award, it is not very clear whether the insurance company was made liable or not.

2. Learned counsel appearing for the appellants wouid contend that the income must be taken at Rs.1900/- and a further provision of increase in salary for a period of time must also be provided in the manner done by the Honble Supreme Court in Sarla Verma v. DTC, (2009-3)155 PLR 22 (SC) : 2009(6) S.C.C. 121. It is also further contended that the negligence could not have been caused on the deceased and the whole ne






Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top