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march 2005

Supreme Court of India · 2005-03-29

NEW INDIA ASSURANCE CO. LTD. vs CHARLIE

Citation / case number
SC 2004/14943
Court
Supreme Court of India
Petitioner
NEW INDIA ASSURANCE CO. LTD.
Respondent
CHARLIE
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court upheld the Kerala High Court's decision that the New India Assurance Co. Ltd. was liable to compensate the claimant for injuries sustained in an automobile accident under the Motor Vehicles Act. The Court emphasized that a 1/3rd deduction for personal expenditure should be applied to the claimant's income when calculating compensation, and that the multiplier used for permanent disability must reflect the claimant's age and circumstances. The Court ultimately modified the compensation amount awarded by the MACT, affirming the need for a balanced approach in determining damages.

NEW INDIA ASSURANCE CO. LTD. vs CHARLIE · Niyam