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Supreme Court of India 2019-04-23 dismissed

NATIONAL INSURANCE COMPANY LTD vs MANNAT JOHAL

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

In this motor accident compensation case, the Supreme Court dismissed cross-appeals by the insurer and claimants challenging the High Court's enhancement of compensation from Rs. 37.71 lakh to Rs. 48 lakh. The deceased, a 38-year-old General Manager earning Rs. 3,21,801.60 p.a., died when an oil tanker collided with his car. The Court held the High Court's compensation assessment—based on last drawn salary with tax deduction, 40% future prospects addition, one-fourth deduction for personal expenses, and multiplier of 15—was just and reasonable. The ex gratia payment from the employer need not be deducted. The reduced interest rate of 7.5% p.a. (from 12% awarded by the tribunal) was justified and appropriate.

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Motor Vehicles Act Compensation Personal Injury Dependent's Claims Interest Ex Gratia Payment

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