Skip to main content

Applying ‘Lost Life Principle’ Kerala HC Awards Special Compensation To A Motor Accident Victim’s Mother

In  MINOR BASID vs National Insurance Co., the victim, a minor aged 6 years, was struck down by a motor vehicle driven by the party respondent on 24/10/2006. Barely alive and struggling, the victim was reduced to a vegetative state and is continuing as such. The father of the victim, who was suffering from diabetes, could not withstand the suffering of his son. The continuous stress faced by the father exacerbated his diabetic disease leading to amputation of both his legs and eventually his untimely death. The mother of the victim thus had a life which was further aggravated by these misfortunes for the past 11 years. The tribunal granted a compensation of Rs 31,05,765 as against a claim of Rs 38,01,000. Seeking enhancement of compensation, the victim through his mother approached the high court. Challenging the compensation awarded, the insurance company too came in appeal before the Kerala High Court.

Invoking the concept of ‘Lost Life Principle’, High Court of Kerala ordered the insurance company to pay additional compensation to the mother of a minor victim in a motor accident case.

This was directed taking into consideration of the physical and mental trauma suffered by her. The court also awarded an enhanced compensation of Rs 35,00,000 towards the future treatment of the victim.

http://www.livelaw.in/applying-lost-life-principle-kerala-hc-awards-special-compensation-motor-accident-victims-mother-read-judgment/

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