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Supreme Court noted that the appellant will remain dependent on another person for the rest of her life. Even though the physical age will increase, her mental age will be that of a child studying in the 2nd Standard. Effectively, while her body grows, she will remain a small baby.
Allahabad High Court set aside the impugned order and remanded the matter to the Motor Accident Claims Tribunal to decide the Claim Petition afresh.
Madras High Court after noting that the State Government is taking steps to conduct surprise checks, remarked that this will not stop the problem, and emphasised that assessing the level of alcohol in the blood at least in cases where accidents takes place should be made mandatory, as this will help the motor accident claims to be decided in a proper manner while determining the issue of negligence to be attributed in an accident.
“The very purpose of adopting the multiplier method in Sarla Verma (supra) is to do away with the considerable variation and inconsistency in assessing compensation and also to bring uniformity and consistency.”
Kerala High Court while dealing with the issue of limitation for filing claim petition, considered the months and not days from the date of accident, for calculating the limitation period.
Supreme Court observed that the persons from marginalised sections of the society already face severe discrimination due to a lack of social capital, and a new disability more often than not compounds to such discrimination.
“To have the perception that he is likely to remain static and his income to remain stagnant is contrary to the fundamental concept of human attitude which always intends to live with dynamism and move and change with the time.”
Supreme Court: Taking note of an important legal question raised by the High Court of Kerala while hearing a Motor Vehicle Accident
The principle of awarding of future prospects must apply with equal vigor in case of non-earning victims of motor accidents, particularly with respect to homemakers.
“Any compensation awarded by a Court ought to be just, reasonable and consequently must undoubtedly be guided by principles of fairness, equity, and good conscience.”
Supreme Court: The bench of Surya Kant and Aniruddha Bose, JJ has held that the strict principles of evidence and standards of
Supreme Court: Taking note of the fact that several Tribunals and High Courts have been awarding compensation for both loss of consortium
High Court of South Africa, Eastern Cape Division: Plaintiff had approached this court before a Single Judge Bench of E. Revelas, J.,
Supreme Court: In reference relating to the computation of compensation under Sections 163-A and 166 of the Motor Vehicles Act, 1988 (MV