VidhiSangh

Supreme Court of India · 18/09/2018

MAGMA GENERAL INSURANCE CO. LTD. versus NANU RAM ALIAS CHUHRU RAM & ORS.

[2018] 11 S.C.R. 664 · 2018 INSC 828

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Summary

The Supreme Court reassessed fatal-accident compensation at Rs.14,25,600 with 12% annual interest from the claim petition to payment. It applied 40% future prospects, upheld the deceased bachelor’s aged father and unmarried sister as dependants and retained a one-third personal-expense deduction. It explained spousal, parental and filial consortium and awarded Rs.40,000 each to the father and sister in this case, alongside the other specified heads.

Issues

  1. How future prospects, personal expenses and dependency should be assessed for the deceased bachelor.
  2. Whether loss of estate and consortium should be awarded and what compensation and liability should result.

Provisions considered

Held

Result

Appeal disposed of with compensation fixed at Rs.14,25,600 plus 12% annual interest from claim filing to payment, divided 60:40 between father and sister. Insurer to pay, with recovery of 50% from driver.

Judgment PDF: Supreme Court of India, [2018] 11 S.C.R. 664.