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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

A young widow, employed as an International Internal Sales Engineer earning Rs.6,273 monthly, died in a 1998 vehicular accident. Her parents claimed compensation. The Tribunal awarded Rs.15.71 lakhs using a 100 per cent future income increase and 1/3rd deduction for personal expenses. The High Court reduced future prospects to 50 per cent per Sarla Verma but increased deduction to 50 per cent. The Supreme Court held that while 50 per cent is standard for future prospects, evidence of higher prospects justifies departure; here, certificates evidenced prospects up to Rs.17,000 monthly, supporting the Tribunal's 100 per cent assessment. For unmarried/widowed deceased with surviving parents, 50 per cent deduction is appropriate. Final award: Rs.14.25 lakhs with 12 per cent interest and costs.

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Motor Vehicles Act Tort Law Compensation Loss of Dependency Negligence

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