Supreme Court of India · 2017-03-07
NATIONAL INS.CO.LTD. vs REKHABEN .
- Citation / case number
- SC 2012/33062
- Court
- Supreme Court of India
- Petitioner
- NATIONAL INS.CO.LTD.
- Respondent
- REKHABEN .
- Author
- L. NAGESWARA RAO S.A. BOBDE
- Bench
- L. NAGESWARA RAO S.A. BOBDE
Judgment text excerpt
The Supreme Court upheld the High Court's decision to enhance the compensation awarded to the claimants in a motor accident case, emphasizing that the amount received by the widow as salary from compassionate appointment should not be deducted from the compensation. The Court noted that the Motor Accident Claims Tribunal had initially awarded Rs.2,22,372/-, which was increased to Rs.14,90,000/- by the High Court. The Court affirmed the principle that compensation should reflect the loss of dependency without deductions for subsequent earnings due to the death of the breadwinner, thereby reinforcing the interpretation of just compensation under the Motor Vehicles Act.