Supreme Court: Claims and legal liabilities crystallize at the time of the accident itself, and changes post thereto ought not to ordinarily affect pending proceedings.

 ANALYSIS

I. Deduction for Personal Expenses

10. We have thoughtfully considered the rival submissions. It cannot be disputed that at the time of death, there in fact were four dependents of the deceased and not three. The subsequent death of the deceased's dependent mother ought not to be a reason for reduction of motor accident compensation. Claims and legal liabilities crystallize at the time of the accident itself, and changes post thereto ought not to ordinarily affect pending proceedings. Just like how Appellant-claimants cannot rely upon subsequent increases in minimum wages, the Respondent-insurer too cannot seek benefit of the subsequent death of a dependent during the pendency of legal proceedings. Similarly, any concession in law made in this regard by either counsel would not bind the parties, as it is legally settled that advocates cannot throw-away legal rights or enter into arrangements contrary to law.1Director of Elementary Education v. Pramod Kumar Sahoo,   MANU/SC/1329/2019 : (2019) 10 SCC 674, p. 11.

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

Author: Surya Kant, J.

Citation: AIR 2021 SC 353,MANU / SC / 0004 / 2021,[ 2021 ] 1 SCR 989,( 2021 ) 2 SCC 166.

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