Skip to main content

Accident compensation must restore normalcy as far as possible

The Bombay High Court has observed that the object of awarding monetary compensation to a family which has lost its sole bread-winner is to ensure that the surviving members can lead a normal life at least financially.

"The object of awarding compensation is to restore the dependents/claimants to the pre-accidental position as far as possible by compensating the victim's family in monetary terms for the loss of their only bread-earner member," Justice A P Bhangale said in a ruling last week.

The court increased the compensation awarded to a family from Ratnagiri from Rs 8.8 lakh to Rs 13.8 lakh. The order was passed on an appeal filed by Darshana Kanavaje, who lost her husband, Ganesh, in an accident in 2008 when a state transport bus rammed into him.

In May 2010, the Motor Accident Claim Tribunal at Ratnagiri directed the Maharashtra State Road Transport Corporation to pay Rs 8.8 lakh to the family, which comprised Darshana, the couple's three minor children, and Ganesh's parents.

Advocate Rajesh Patil, her lawyer, argued that Ganesh, who ran a grocery shop, was a regular Income Tax payer. Ganesh's tax consultant deposed before MACT to state that his income was gradually increasing and his average annual income was calculable at Rs 90,000 per year.

Justice Bhangale, while enhancing the amount, observed that it was the duty of the tribunal to award fair and reasonable compensation.

"In such cases the dependents are often left behind to face impoverishment due to sudden impecunious circumstances after having lost their sole bread-earner. They need to satisfy the basic needs. It is indisputable that increasing inflation makes it increasingly difficult for people to survive," the High Court observed.

Article referred: http://www.business-standard.com/article/pti-stories/accident-compensation-must-restore-normalcy-as-far-as-possible-113110700794_1.html

Comments

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Flat owner without legal title has consumer rights

In a significant judgment, the South Mumbai Consumer Forum has held that a flat owner legally occupying the flat would be a consumer, even if his title to the flat might be in dispute before a competent court. Thurlow owned a flat in a co-operative society. Appuswami was residing with him. In 1976, Appuswami got married in the same flat, and his wife started residing in the same flat. They had three children, born and brought up in the same flat. After Thurlow expired in 2004, Appuswami approached the High Court for inheritance to Thurlow's estate but expired while the matter was pending. His wife and children were brought on record. Subsequently, the society intervened, contending Appuswami did not have any right to the flat and it should be handed over to the Society. The Appuswami family continued to reside in the flat, and even pay the society's outgoings and maintenance charges. Later, the society stopped collecting maintenance charges from all members, as it earned...

NCLT - Mere admission of receipt of money does not qualify as a financial debt

Cause Title : Meghna Devang Juthani Vs Ambe Securities Private Limited, National Company Law Tribunal, Mumbai, CP (IB) No. 974/MB-VI/2020 Date of Judgment/Order : 18.12.2023 Corum : Hon’ble Shri K. R. Saji Kumar, Member (Judicial) Hon’ble Shri Sanjiv Dutt, Member (Technical) Citied:  Carnoustie Management India Pvt. Ltd. Vs. CBS International Projects Private Limited, NCLT Swiss Ribbons Pvt. Ltd. & Anr vs. Union of India & Ors. (2019) Sanjay Kewalramani vs Sunil Parmanand Kewalramani & Ors. (2018) Pawan Kumar vs. Utsav Securities Pvt Ltd 2021 Background Application was filed under section 7 of the Insolvency and Bankruptcy Code, 2016 alleging loan of Rs, 1.70 cr is due. The Applicate identified herself as the widow and heir of the lender but could not produce any documents proving financial contract between her Late husband and the CD but claimed that the CD has accepted that money was received from her husband. The applicant subs...