Skip to main content

‘Marriage loss’ in damages claim from insurance - SC

The Supreme Court has awarded an additional Rs 75,000 to an unmarried embroidery worker who lost a leg in a road accident, saying “loss of marriage prospects” should be taken into account while calculating damages in such cases.

Justices S.J. Mukhopadhyaya and V. Gopala Gowda also awarded Sanjay Kumar Rs 1 lakh for “loss of amenities”, enhancing the total amount to Rs 14.59 lakh, after the bench had nearly doubled the Rs 6.35-lakh compensation fixed by Delhi High Court.

Kumar, a bachelor, had sought additional compensation on the ground that the accident had hurt his marriage prospects but the high court had declined to consider the plea.

The top court disagreed. “On the point of loss of marriage prospects, we feel that it is a major loss, keeping in mind the young age of the appellant…” the bench said, adding the high court had “gravely erred in not awarding adequate compensation separately under this head”, clubbing it instead under “loss of future enjoyment of life” and “pain and suffering”.

“We thereby award Rs 75,000 towards loss of marriage prospects,” it said in a recent judgment.

“Further, it is necessary to award an amount under the head of ‘loss of amenities’ also as the appellant will definitely deal with loss of future amenities as he has lost a leg due to the accident. The injury has permanently disabled the appellant, thereby reducing his enjoyment of life and the full pursuit of all the activities he engaged in prior to the accident.

“We thereby, award a sum of Rs 1,00,000 towards ‘loss of amenities’,” Justice Gowda, writing the judgment, said.

Kumar’s right leg had to be amputated after a rashly driven truck hit him on September 28, 2005, on a Delhi street. Employed as an embroidery worker, he had claimed Rs 15 lakh from the insurance company and the vehicle’s owner.

The Motor Accident Claims Tribunal, Delhi, awarded him Rs 4.83 lakh. He appealed in the high court, which enhanced the amount to Rs 6.35 lakh. He then moved the apex court.

While awarding the compensation, the tribunal and the high court had both treated Kumar as an unskilled worker in an unorganised sector. The apex court differed. “In our considered view, the appellant is entitled to be awarded compensation based on the wages for a skilled worker, as he is an embroiderer and the same cannot be considered an unskilled work.

“The minimum wages in Delhi for a skilled worker as on 01.08.2005 was Rs 3,589.90 per month. The appellant has claimed that he was earning Rs 4,500 per month from his work as an embroiderer.

“We will accept his claim as it is not practical to expect a worker in the unorganised sector to provide documentary evidence of his monthly income.”

The court said the appellant would “need assistance” to move around, “regular check-ups” and “most likely use a crutch to walk”. All this “will incur expenses”, the bench said, enhancing the compensation to Rs 14.59 lakh.

The amount includes 9 per cent interest from the date Kumar filed his plea for compensation before the tribunal.

Article referred: http://www.telegraphindia.com/1140126/jsp/nation/story_17866653.jsp#.UuaHqxC6aM8

Comments

Post a Comment

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...
7 comments
Read more

Owner of vehicle is not expected to verify the genuineness of the driving license before appointing a driver

Cause Title : Rishi Pal Singh Versus New India Assurance Co. Ltd & Ors., Civil Appeal No. 4919 Of 2022, The Supreme Court Of India Date of Judgment/Order : July 26, 2022 Corum : Hemant Gupta; J., Vikram Nath; J. Background the truck owned by the appellant met with an accident. The owner deposed before the court that before employing the driver, he had taken his driving test and that he was driving the vehicle satisfactorily and  that the driver was employed with him for 3 years before the date of the accident. He produced his driving license. This was reaffirmed by the driver who deposed that the driving license was obtained from the driver and it was issued from Nagaland, but no such license was produced on record. Both the Motor Accident Claims Tribunal and the High Court have held that the owner has alleged that the driver had a driving license from Nagaland but the same was not produced and therefore, the Insurance Company is entitled to recover the awarded amount...
Post a Comment
Read more

Person Being Prosecuted To Be Provided With All Relevant Documents

The Delhi High Court, in the case of Poonam Jain vs Union of India & Ors, noted that a person being prosecuted against has a right to be provided with all the material relied upon by the prosecuting agency to prosecute her/ him. In the instant case, a search was conducted at the residences of the petitioners and their statements were recorded and several documents were seized. They were issued show cause notices under Section 276 C(1) and Section 277 of the Income Tax Act, Section 181 of the Indian Penal Code and Sections 50 and 51 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act. They sought to be provided with a copy of their statements and the documents seised. However, the same was denied to them.
Post a Comment
Read more