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Supreme Court of India 2022-01-04 partly_allowed

National Insurance Company Limited vs Paulraj and Ors

Bench: 1 — S. Ananthi

In Brief

A motor accident occurred on 18 July 2014 when a tempo truck travelling at high speed struck a motorcycle carrying a family of three. The 4-year-old son died; the parents sustained injuries. The Motor Accident Claims Tribunal found the tempo driver solely liable and awarded Rs. 8,16,230 in compensation. On appeal, the insurance company challenged the vehicle identification and the income calculation. The Supreme Court upheld the tribunal's finding that the insured tempo caused the accident, but reduced the total award to Rs. 6,81,230 by revising the deceased child's notional annual income to Rs. 30,000 and confirming Rs. 40,000 each for parents' loss of love and affection, with 7.5% interest from the petition date.

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Motor Vehicles Act Compensation Motor Accident Claims Tribunal Negligence Loss of Life Personal Injury Insurance

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