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march 2005

Supreme Court of India · 2005-03-29

New India Assurance Co. Ltd vs Charlie And Anr

Citation / case number
AIR 2005 SUPREME COURT 2157
Court
Supreme Court of India
Petitioner
New India Assurance Co. Ltd
Respondent
Charlie And Anr
Author
Arijit Pasayat
Bench
Arijit Pasayat, S.H. Kapadia

Judgment text excerpt

The Supreme Court upheld the Kerala High Court's decision regarding compensation for injuries sustained in an automobile accident, emphasizing the need for a proper multiplier in calculating loss of earnings. The Court noted that a deduction for personal expenditure should be applied, specifically recommending a 1/3rd deduction based on the claimant's age and marital status. The Court ultimately modified the compensation amount awarded by the Motor Accidents Claims Tribunal, aligning it with established principles from previous judgments, including General Manager, Kerala State Road Transport Corporation v. Susamma Thomas and Municipal Corporation of Delhi v. Subhagwanti.

New India Assurance Co. Ltd vs Charlie And Anr · Niyam