In a recent legal case, the High Court has delivered a groundbreaking judgment regarding compensation for fatal accidents. The court’s meticulous legal analysis sheds light on various aspects of the case, setting a new precedent in such matters. Let’s explore the intricacies of this landmark ruling and its implications for future cases.
Facts
- The accident occurred on 30.03.2010 when the deceased Kiran was riding on a two-wheeler from Sholapur to Pandharpur, Maharashtra.
- During the journey an accident occurred when a Heavy Goods Vehicle crashed into the two-wheeler and caused fatal injuries to Kiran, who died on the spot.
- The Tribunal held that the accident was due to the rash and negligent driving by the driver of the Heavy Goods Vehicle.
- The claim petition was filed by Kiran’s parents and younger brother, seeking compensation for the fatal injuries sustained in the accident.
- The vehicle involved in the accident was insured with respondent no.2 insurance company, and the liability was fixed on the insurance company by the Tribunal.
- Rate of interest awarded should have been fixed at 7.5% and stands modified.
- The Tribunal and the High Court erred in not granting future prospects to the claimants as per the judgment of National Insurance Company v. Pranay Sethi & Ors.
- High Court awarded Rs. 17,70,000/- with 6% interest, but after appeal, increased compensation to Rs. 37,80,000/- at 7.5% interest.
- High Court increased income of the deceased to Rs. 15,000/- and multiplier to eighteen instead of fifteen.
- High Court increased compensation for loss of consortium to Rs. 75,000/-.
- Future prospects at the rate of 40% granted to the claimants.
Also Read: Enhancement of Compensation and Interest Rate in Landmark Legal Ruling
Case Title: NARAYAN Vs. MANAGER ROYAL SUNDARAM ALLIANCE INSURANCE CO. LTD. (2022 INSC 999)
Case Number: C.A. No.-006855-006855 / 2022