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

Appellate authorities under Special Statutes cannot be asked to condone delay

Madras High Court in R.Gowrishankar vs. The Commissioner of Service Tax has held that Appellate authorities cannot be asked to condone the delay, beyond the extended period of limitation A Division Bench comprising of Justices S. Manikumar and D. Krishnakumar, made this observation while considering an appeal filed against Single Bench order declining to set aside the order made in the condone delay petition filed by the petitioner to condone 223 days in filing the appeal before the Commissioner of Service Tax (Appeals). Article referred: http://www.livelaw.in/appellate-authorities-special-statutes-cannot-asked-condone-delay-beyond-extended-period-limitation-madras-hc/
Post a Comment
Read more

'Seize assets to pay damages to accident victim'

Her story might be an inspiration for the physically challenged but justice has remained elusive for her. In 2008, a bus accident left research engineer S Thenmozhi, 30, paraplegic. In April 2013, the motor accident claims tribunal directed the Tamil Nadu State Transport Corporation (TNSTC) to provide her a compensation of 57.9 lakh. However, TNSTC refused to budge and on Tuesday a city court ordered attaching of movable assets of the transport corporation. Thenmozhi was employed in C-DOT, a telecom technology development centre in Bangalore. On July 21, 2008, she was coming to Chennai in a private bus. Around 2am, the bus had a flat tyre and the driver parked it on the left side of the road near Pallikonda in Vellore district on the Bangalore-Chennai highway. While the tyre was being changed, a TNSTC bus of Dharmapuri division hit the stationary bus. The rear part of the bus was smashed and passengers were injured. Thenmozhi who had a seat at the back of the bus suffered...
Post a Comment
Read more

Mumbai ITAT rules income of offshore discretionary trust is subject to tax in India

The Mumbai Income Tax Appellate Tribunal (ITAT) has recently determined the following issue in the affirmative in the case of Manoj Dhupelia: Should the income of an offshore discretionary trust be subject to tax in India, if no distributions have been made to beneficiaries in India? The question arose from appeals filed by individual beneficiaries in relation to a Lichtenstein-based trust, the Ambrunova Trust and Merlyn Management SA (the Trust) with the ITAT. It is important to note that the individuals in this case were amongst those first identified by the Government of India (GOI) as holding undeclared bank accounts in Lichtenstein. The ITAT ruling raises the following issues: Taxation of Trust Corpus: ITAT classified the corpus of the trust as "undisclosed income" and declared it taxable in the hands of the beneficiaries. Taxation of Undistributed Income: ITAT refused to draw a distinction between the corpus and undistributed income from the trust and declared i...
Post a Comment
Read more