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Supreme Court of India 2021-12-08 allowed

RASMITA BISWAL & ORS vs DIVISIONAL MANAGER, NATIONAL INSURANCE COMPANY LTD. AND ANR

Bench: 2 — S. Abdul Nazeer, Krishna Murari

In Brief

Rasmita Biswal and her minor sons claimed compensation for the death of the breadwinner in a motor vehicle accident. The Motor Accident Claims Tribunal awarded Rs. 22,60,000/-; the High Court arbitrarily reduced it to Rs. 17,00,000/- without assigning reasons. The Supreme Court held that the Tribunal's assessment of income (Rs. 15,000/- monthly), age (33 years), and multiplier (16) were correct. Applying the Pranay Sethi principles for loss of future prospects (40% addition for deceased below 40 years), the Court awarded Rs. 31,01,000/- total. The Court also recommended legislative amendments to establish Motor Vehicle Appellate Tribunals to reduce High Court delays in accident compensation appeals."

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Motor Vehicles Act Personal Injury Compensation Accident Claims Appellate Jurisdiction Loss of Dependency Procedural Law

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