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Supreme Court of India 2021-01-05 partly_allowed

Kirti & Anr. etc vs Oriental Insurance Company Ltd

Bench: 2 — Surya Kant, N.V. Ramana

In Brief

Two minor daughters and a father of deceased couple killed in a motor accident sought increased compensation. The Motor Accident Claims Tribunal awarded ₹40.71 lakhs, but the High Court reduced it to ₹22 lakhs. The Supreme Court partly allowed the appeal and increased compensation to ₹33.20 lakhs. Key holdings: (1) future prospects of 40% apply to both deceased persons below 40 years under Pranay Sethi, regardless of whether income was proven or notionally determined; (2) personal expense deductions should be 1/4th with four dependents, not 1/3rd; (3) skilled worker minimum wage applied instead of unskilled; and (4) compensation for homemakers is settled law recognizing their economic contribution—no distinction in treatment between proven and notional income for future prospects.

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Motor Vehicle Accidents Compensation Negligence Loss of Dependency Future Prospects Homemakers Gender Discrimination

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