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Supreme Court of India 2025-07-29 allowed

S. Mohammed Hakkim vs National Insurance Company Ltd. & Ors

Bench: 2 — Sudhanshu Dhulia, Aravind Kumar

In Brief

A 20-year-old engineering student suffered amputation of his left leg in a motor accident on a highway when a motorcycle hit a car that suddenly braked, and a bus then ran over him. The Supreme Court held that on highways, drivers intending to stop must warn vehicles behind. Though the appellant was negligent in maintaining distance and driving without a license, the car driver's sudden braking without warning was the primary cause. The Court apportioned liability: appellant 20%, car driver 50%, bus driver 30%. For compensation, the Court increased the notional income to Rs. 20,000 monthly (reflecting engineering student prospects), restored attendant charges of Rs. 18 lacs, and increased loss of marital prospects to Rs. 5 lacs. Total compensation awarded: Rs. 91,39,253 with 7.5% interest from the claim filing date, payable within four weeks.

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Motor Accident Compensation Negligence and Contributory Negligence Road Safety Damages and Compensation Quantification Disability and Future Prospects Insurance Law

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