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Supreme Court of India 2019-12-11 allowed

JUMANI BEGUM vs RAM NARAYAN

Bench: 2 — Dhananjaya Y Chandrachud, Ajay Rastogi

In Brief

A widow challenged the Motor Accident Claims Tribunal and High Court orders reducing compensation for her husband's death in a motorcycle collision with a parked truck trailer on a dark road without reflectors. The Supreme Court held that the 50% contributory negligence finding lacked cogent evidence and rested on conjecture. The Court recalculated compensation by applying constitutional precedent requiring a 15% future prospects addition, one-third deduction for personal expenses, a multiplier of 11, and conventional heads of ₹75,000, totalling ₹13,53,684 with 6% interest from the accident date. The appeal was allowed and the insurer was directed to deposit the difference within three months."

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Motor Vehicles Act Torts/Negligence Compensation Contributory Negligence Motor Accident Claims

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