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Supreme Court of India 2020-06-18 partly_allowed

RAJENDRA SINGH vs NATIONAL INSURANCE COMPANY LIMITED AND OTHERS

Bench: 2 — Navin Sinha, B.R. Gavai

In Brief

A widow and her 12-year-old daughter died in a horse-cart accident caused by a bus. The claims tribunal and high court awarded compensation but deducted 50% on alleged contributory negligence and undervalued the housewife's income. The Supreme Court held that passengers in a vehicle cannot be liable for contributory negligence merely because it was in the road's middle. It set aside the 50% deduction, valued the housewife's work at Rs. 5,000/month with 40% future prospects, and partly allowed the compensation appeals, awarding Rs. 11,96,000 for the widow and upholding Rs. 2,95,000 for the child.

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Motor Accident Claims Compensation Contributory Negligence Housewife's Income Future Prospects Loss of Earning Capacity Non-Pecuniary Damages

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