Allow Cookies!
By using our website, you agree to the use of cookies
Vehicular Accidents have been increasing at a very rapid pace in India. It is necessary to compensate the victim since he suffers a huge loss both in pecuniary and non-pecuniary ways.
The Supreme Court while observing, that the object of compensation is to restore the victim to the position prior to the accident has also enhanced the amount of compensation rewarded to a victim by the Motor Accident Claims Tribunal under the Motor Vehicle Act.
This was held in a case, where Anant had suffered serious injuries with 75% permanent disability due being hit by a car. The tribunal awarded him with Rs.7,00,000 as compensation, while the High Court awarded double compensation, that is Rs.14,65,000. Further the High Court also observed that the the income of appellant be considered as Rs.5000 instead of Rs.8500.
Anant further filed an appeal in Supreme Court, wherein the court disagreed with the High Court for not considering the salary of the victim at Rs.8500. The Apex Court further observed that a person must be compensated both for physical injury and non-pecuniary losses which have been suffered by him during the injury and thus held that the victim must be compensated for his inability to lead a full life and enjoy those amenities which he would have enjoyed had he not suffered injuries. Thus, he was awarded with a compensation of Rs.20,2900 by the Apex Court.
86540
103860
630
114
59824