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Supreme Court of India 2022-10-17 partly_allowed

Sarup Singh @ Ram Sarup vs HDFC Ergo General Insurance Company Ltd. and Ors

Bench: 2 — M.R. Shah, C.T. Ravikumar

In Brief

The Supreme Court heard an appeal challenging a High Court decision that had reduced motor accident death compensation from Rs. 20.64 lakhs to Rs. 11.34 lakhs. The deceased was 28 years old at the time of the accident, leaving a widow, minor daughter, father, and sister. The Court held that the High Court erred by failing to account for 40% future prospects in calculating loss of dependency, and by incorrectly reducing the interest rate from 9% to 6% p.a. The Court modified the award to Rs. 13.78 lakhs with interest at 7.5% p.a., properly accounting for future prospects, separate consortium awards for different family members, and appropriate interest reflecting the time since the 2012 death.

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Motor Vehicles Act Compensation Law Death Claims Loss of Dependency Loss of Consortium Interest Rate

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