1) Supreme court explains different theories for ascertaining the value of a homemaker's unpaid labour for grant of compensation under motor vehicles Act
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 19-20 of 2021
Decided On: 05.01.2021
Kirti and Ors. Vs. Oriental Insurance Co. Ltd.
Hon'ble Judges/Coram:
Surya Kant, S. Abdul Nazeer and N.V. Ramana, JJ.
Authored By : Surya Kant, N.V. Ramana
Surya Kant, J.
Citation: MANU/SC/0004/2021.
2) Supreme court lays down principles for computation of compensation on account of death of homemaker in motor accident
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL No.2512 OF 2024
ARVIND KUMAR PANDEY & ORS. Vs GIRISH PANDEY & ANR.
Dated: FEBRUARY 16, 2024.
3) Supreme Court: Sum for loss of estate, loss of consortium and funeral expenses should be enhanced at the rate of 10% in every three years from the year 2017
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 6451 of 2021.
Decided On: 25.10.2021
N. Jayasree and Ors. Vs. Cholamandalam MS General Insurance Company Ltd.
Hon'ble Judges/Coram:
S. Abdul Nazeer and Krishna Murari, JJ.
Author: S. Abdul Nazeer, J.
Citation: MANU/SC/0966/2021 : AIR 2021 SC 5218,2021 SCC OnLine SC 967.
4) Supreme court: Motor accident claim tribunal should not apply split multiplier for calculation of compensation
5) Whether major sons of deceased who are gainfully employed or earning can claim compensation under Motor vehicles Act?
15. It is thus settled by now that the legal representatives of the deceased have a right to apply for compensation. Having said that, it must necessarily follow that even the major married and earning sons of the deceased being legal representatives have a right to apply for compensation and it would be the bounden duty of the Tribunal to consider the application irrespective of the fact whether the concerned legal representative was fully dependant on the deceased and not to limit the claim towards conventional heads only.
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 242-243 of 2020
Decided On: 13.01.2020
National Insurance Company Limited Vs. Birender and Ors.
Hon'ble Judges/Coram:
A.M. Khanwilkar and Dinesh Maheshwari, JJ.
Author:A.M. Khanwilkar, J.
Citation: Citation: 2020 INSC 34, MANU/SC/0028/2020,AIR 2020 SC 434.
https://www.lawweb.in/2024/04/whether-major-sons-of-deceased-who-are.html
6) Whether Legal representative of claimant should produce Succession certificate for getting compensation under motor accident claim petition?
We cannot approve the said view of the High Court, for, Succession Certificate as envisaged in the Indian Succession Act can be granted only in respect of "debts" or "securities" to which a deceased was entitled. The amount involved in this case was not a debt or security to which the deceased was entitled. This was a compensation sanctioned on amount of the death of the deceased and is, therefore, not an asset belonging to the deceased but an amount which the legal representatives of the deceased can claim on their own account. The civil court will only decide as to who are the legal representatives and in what shares they are entitled to as per the Personal Law applicable to them. The Parties will move appropriate application before the court concerned for expediting the procedure regarding disbursement of the amount. With these observations we set aside the impugned order. {Para 3}
IN THE SUPREME COURT OF INDIA
Civil Appeal Nos. 402-03 of 2000.
Decided On: 17.01.2000
Rukhsana and Ors. Vs. Nazrunnisa and Ors.
Hon'ble Judges/Coram:
K.T. Thomas and M.B. Shah, JJ.
Author: K.T. Thomas, J.
Citation: MANU/SC/2586/2000,2000 (9) SCC 240.
https://www.lawweb.in/2024/04/whether-legal-representative-of.html
7) Supreme Court: Motor accident claim tribunal must give compensation on account of future prospect to housewife on her notional income
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS.1920 of 2021
Kirti & Anr. Etc. Vs Oriental Insurance Company Ltd.
Author: Surya Kant, J:
Dated: January 05, 2021.
https://www.lawweb.in/2024/04/supreme-court-motor-accident-claim_26.html
8) Leading Supreme Court judgment on contributory negligence and composite negligence in motor accident
IN THE SUPREME COURT OF INDIA
Civil Appeal No. 1082 of 2008.
Decided On: 01.02.2008
T.O. Anthony Vs. Karvarnan and Ors.
Hon'ble Judges/Coram:
K.G. Balakrishnan, C.J. and R.V. Raveendran, J.
Author:K.G. Balakrishnan, C.J.
Citation: 2008 ACJ 1165 SC,MANU/SC/7181/2008.
https://www.lawweb.in/2024/04/leading-supreme-court-judgment-on.html
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