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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.

NATIONAL INS.CO.LTD. vs REKHABEN . · Niyam