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Supreme Court of India 2024-07-23 partly_allowed

MEENAKSHI vs THE ORIENTAL INSURANCE CO. LTD

Bench: 2 — Hima Kohli, Sandeep Mehta

In Brief

A young man, Suryakanth, died in a road accident in 2013, leaving his mother as dependent. The Accident Claims Tribunal awarded her ₹1,04,01,000 in compensation. The Insurance Company appealed to the High Court, which reduced the award to ₹49,57,035, excluding certain allowances (house rent, flexible benefits, provident fund contributions) from the calculation of income and loss of dependency. The Supreme Court partly allowed the mother's appeal, holding that these allowances must be included when computing income growth due to future prospects, but correctly affirmed the deduction of income tax. The compensation was recalculated at ₹93,66,272.

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Motor Vehicles Act Compensation Road Accident Claims Loss of Dependency Income Assessment

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