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Supreme Court of India 2018-04-18 allowed

Sureshchandra Bagmal Doshi & Anr vs New India Assurance Company Limited & Ors

Bench: 2 — Sanjay Kishan Kaul

In Brief

The deceased, an engineer, died in a vehicular accident in 1998 at age 25. Her parents, a lawyer and doctor, claimed compensation. The Tribunal awarded Rs.15,71,000, adding 100% for future income rise and deducting 1/3rd for personal expenses. The High Court modified this to 50% deduction but reduced future income rise to 50%. The Supreme Court held that the 100% future income rise was justified by evidence (salary certificates), and 50% personal expense deduction was correct for a widowed/unmarried deceased with surviving parents. The Court recalculated the award at Rs.14,25,000 plus interest and costs, allowing the parents' appeal.

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Motor Vehicles Act Compensation Loss of Dependency Future Prospects Personal Expenses Conventional Heads Damages and Remedies

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