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Supreme Court of India 2018-09-18 partly_allowed

Magma General Insurance Co. Ltd vs Nanu Ram alias Chuhru Ram & Ors

Bench: 2 — Indu Malhotra

In Brief

A 24-year-old motorcycle rider died in a collision caused by rash and negligent driving. The High Court awarded compensation of Rs. 14,21,000 to the deceased's father and sister. The insurance company challenged the award on multiple grounds. The Supreme Court upheld most findings but modified the calculation of future prospects from 50% to 40% and reduced funeral expenses from Rs. 25,000 to Rs. 15,000 per Pranay Sethi precedent. The Court further awarded Rs. 15,000 for loss of estate and Rs. 40,000 each for loss of filial consortium to both dependents, resulting in total compensation of Rs. 14,25,600. The insurance company and negligent driver were held jointly and severally liable.

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Motor Vehicles Act, 1988 Compensation Motor Accident Cases Negligence Insurance Liability Dependents Constitutional Law Article 142

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