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january 2008

Supreme Court of India · 2008-01-11

Jayakodi & Ors vs Branch Manager, N.I.C. Ltd & Anr

Court
Supreme Court of India
Petitioner
Jayakodi & Ors
Respondent
Branch Manager, N.I.C. Ltd & Anr
Author
K. G. Balakrishnan
Bench
K. G. Balakrishnan, R.V. Raveendran, J. M. Panchal

Judgment text excerpt

The Supreme Court held that the High Court erred in reducing the loss of dependency from Rs.3,84,000/- to Rs.2,16,000/- in a motor accident claim case, emphasizing that the deceased's age, family background, and earning potential warranted the original assessment. The Court reiterated that no compensation should be awarded for mental agony suffered by parents in such cases, referencing N. Sivammal vs. The Managing Director, Pandian Roadways Corporation (AIR 1985 SC 106). Consequently, the Court restored the Tribunal's award of Rs.3,84,000/- for loss of dependency and omitted the Rs.30,000/- awarded for mental agony, resulting in a total compensation of Rs.3,84,000/- plus interest.

Jayakodi & Ors vs Branch Manager, N.I.C. Ltd & Anr · Niyam