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october 2010

Supreme Court of India · 2010-10-18

Raj Kumar vs Ajay Kumar & Anr

Citation / case number
AIRONLINE 2010 SC 125
Court
Supreme Court of India
Petitioner
Raj Kumar
Respondent
Ajay Kumar & Anr
Author
R.V.Raveendran
Bench
H. L. Gokhale, R. V. Raveendran

Judgment text excerpt

The Supreme Court examined the principles of compensation under the Motor Vehicles Act, 1988, emphasizing that compensation must restore the claimant to their pre-accident position. The Court held that the assessment of monthly income at Rs. 900/- was inadequate and that the deduction of one-third for personal expenses in calculating future loss of earnings was unwarranted. The judgment clarified that compensation should cover both pecuniary and non-pecuniary damages, including loss of future earnings due to permanent disability, and established guidelines for assessing such damages.

Raj Kumar vs Ajay Kumar & Anr · Niyam