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Supreme Court of India 2026-02-06 allowed

V. Pathmavathi & Ors vs Bharthi Axa General Insurance Company Ltd. & Anr

Bench: 2 — Dipankar Datta, Satish Chandra Sharma

In Brief

A 37-year-old driver earning Rs 10,000 monthly died in a motor accident caused by rash driving. The Supreme Court resolved three key issues: First, the victim's income must be assessed at Rs 10,000 based on uncontested documentary evidence. Second, a mandatory 40% addition for future prospects applies to fixed-salary earners below 40 years—not discretionary. Third, "loss of love and affection" cannot be awarded separately; it falls within "consortium" (spousal, parental, filial). The Court enhanced total compensation to Rs 20,80,000 with 9% interest from claim-filing date, reaffirming that motor accident compensation must be "just" and follow binding judicial precedents uniformly.

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Motor Vehicles Act Compensation Road Accidents Dependency Future Prospects Consortium Judicial Precedent

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