Grant of compensation in motor vehicle compensation case-foreign exchange rate as prevailing on date of filing of claim petition would be applicable

Jiju Kuruvila v. Kunjujamma Mohan, (2013) 9 SCC 166
Motor Vehicles
Motor Vehicles Act, 1988
Ss. 166, 168 and 140 - Computation of compensation in fatal accident - Victim, employed in USA, was earning income
in US dollars - Conversion of victim's said income into Indian currency for purpose of calculation of compensation -
Relevant foreign exchange rate applicable in respect thereof - Determination of - Whether exchange rate prevailing on
the date of determination of award, or that prevailing on the date of filing of claim petition to be applied - Since
compensation in instant case was claimed in Indian rupees and not in US dollars, in view of decision in Forasol, 1984
Supp SCC 263 as followed in Renusagar Power Co. Ltd., 1994 Supp (1) SCC 644, held, foreign exchange rate as
prevailing on the date of filing of claim petition would be applicable in instant case, (2013) 9 SCC 166-A


Ss. 166, 168, 140 and 171 - Fatal accident - Determination of just and proper compensation - Victim (aged 45 yrs),
employed in USA, was drawing monthly salary of 2500 US dollars and had four dependants - Would have continued in
service for further 20 yrs - Annual income of victim when converted into Indian currency by applying foreign exchange
rate (Rs 17.30 per US dollar) as prevailing on date of filing of claim petition, coming to be Rs 2500 x 12 x 17.30 = Rs
5,19,000 - In view of age of victim being 45 yrs, applying multiplier of 14 [as per Sarla Verma, (2009) 6 SCC 121],
amount of compensation calculated to be Rs 5,19,000 x 14 = Rs 72,66,000 - Having regard to four dependants of victim,
1/4th of total income of victim i.e. Rs 18,16,500 deducted towards his personal and living expenses [as per Sarla Verma
case] - Thus, victim's contribution to family assessed at Rs 54,49,500 [i.e. Rs 72,66,000-Rs 18,16,500] - To the said
amount [i.e. Rs 54,49,500], Rs 2,00,000 added towards loss of paternal love and affection to two minor children of victim
and Rs 1,00,000 added towards loss of consortium to wife - In this way, claimants held entitled to a total compensation of
Rs 57,49,500 [i.e. Rs 54,49,500 + Rs 3,00,000] along with interest @ 12% p.a. from the date of filing of the petition till the
date of realisation of the amount, (2013) 9 SCC 166-B

Ss. 166, 168 and 140 - Motor accident - Head-on collision between car and bus - Contributory negligence on the part of
victim - Drawing inference as to - Post-mortem report indicating that victim had consumed liquor - Effect of - Held, merely
on basis of said post-mortem report it could not be concluded that the victim was driving vehicle rashly and negligently -
Claims Tribunal and High Court erred in relying on that report in holding that there was contributory negligence on the
part of victim, (2013) 9 SCC 166-C
Motor Vehicles
Motor Vehicles Act, 1988
Ss. 166, 168 and 140 - Motor accident - Head-on collision between car and bus - Contributory negligence on the part of
victim - Drawing inference as to - Position of vehicles after accident as shown in scene mahazar - Relevance of - Held, in
absence of any direct or corroborative evidence, no inference can be drawn as to contributory negligence on the part of
victim merely on basis of such scene mahazar, (2013) 9 SCC 166-D

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