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Supreme Court of India 2018-02-23 partly_allowed

New India Assurance Co. Ltd vs Vinish Jain and Ors

Bench: 2 — Deepak Gupta

In Brief

Three motor vehicle accident death compensation cases were consolidated. The first two petitions (deaths of Alok Jain and Kalpana Jain) were dismissed as the compensation awarded varied only 4-5% from precedent. In the third case (death of A.P. Jain, aged 78), the Supreme Court reduced compensation from Rs.14,39,980 to Rs.9,81,250 by applying the National Insurance Co. Ltd. v. Pranay Sethi guidelines: applying a 50% deduction for personal expenses (rather than the High Court's 33% deduction), using an appropriate multiplier of 5, and capping loss-of-love-and-affection awards at Rs.70,000 total instead of Rs.50,000 per claimant."

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Motor Vehicles Act Personal Injury Compensation Negligence

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