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Supreme Court of India 2021-01-05 partly_allowed

KIRTI & ANR. ETC vs Oriental Insurance Company Ltd

Bench: 3 — N.V. Ramana, S. Abdul Nazeer, Surya Kant

In Brief

A married couple died in a motor vehicle accident in Delhi. Their surviving family members—two young daughters and the father—claimed compensation. The Motor Accident Claims Tribunal awarded Rs 40.71 lakhs, but the High Court reduced it to Rs 22 lakhs by applying Haryana's minimum wage instead of Delhi's and denying future prospects. The Supreme Court partly allowed the appeal, increasing compensation to Rs 33.20 lakhs. The Court held that future prospects (40% increase for those below 40 years) must be granted even when income is notional, not just proven; personal expense deductions should reflect actual number of dependents; and a deceased's minimum wage classification should match their qualifications. The judgment emphasized recognizing the economic value of homemakers' unpaid domestic labour as part of constitutional equality and social dignity.

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Motor Vehicle Accidents Compensation Law Loss of Dependency Homemakers' Rights Gender and Law Notional Income Future Prospects Personal Expenses Constitutional Rights Minimum Wage

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