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april 1977

Supreme Court of India · 1977-04-15

MADHYA PRADESH STATE ROAD TRANSPORTCORPORATION, BAIRAGARH, vs SUDHAKAR & ORS. ETC.

Citation / case number
SC 1968/60205
Court
Supreme Court of India
Petitioner
MADHYA PRADESH STATE ROAD TRANSPORTCORPORATION, BAIRAGARH,
Respondent
SUDHAKAR & ORS. ETC.
Author
A.C. GUPTA
Bench
A.C. GUPTA

Judgment text excerpt

The Supreme Court held that in assessing damages under the Motor Vehicles Act, 1939, Section 110B, the principle of reasonable prophecy must be applied, particularly in cases involving the death of a spouse and the dependency of the surviving spouse on the deceased's income. The Court affirmed the High Court's enhancement of compensation to Rs. 50,000 for the husband, Sudhakar Kotasthane, while dismissing the appeal for the mother of the injured child, Sailesh Kumar, who was awarded Rs. 20,000. The judgment emphasized that the assessment of damages should consider the uncertainties of life and the nature of dependency, as established in Mallet v. Mc Mongale.

MADHYA PRADESH STATE ROAD TRANSPORTCORPORATION, BAIRAGARH, vs SUDHAKAR & ORS. ETC. · Niyam