VidhiSangh

Supreme Court of India · 18/06/2020

RAJENDRA SINGH AND OTHERS versus NATIONAL INSURANCE COMPANY LIMITED AND OTHERS

[2020] 6 S.C.R. 579 · 2020 INSC 438

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Summary

The 50% contributory-negligence deductions for a mother and daughter killed while travelling as horse-cart passengers were set aside. The mother’s household services justified notional income of Rs.5,000 monthly and 40% future prospects, producing total compensation of Rs.11,96,000. The child’s award became Rs.2,95,000 after removal of the negligence deduction; no further separate future-prospects amount was warranted on these facts.

Issues

  1. Whether passengers could be attributed contributory negligence because the horse cart was in the middle of the road.
  2. How household services and future prospects should be valued for the mother.
  3. Whether the child’s compensation required further enhancement.

Held

Result

Mother’s compensation appeal allowed, fixing Rs.11,96,000; child’s appeal allowed to the indicated extent, fixing Rs.2,95,000 without a further separate future-prospects award.

Judgment PDF: Supreme Court of India, [2020] 6 S.C.R. 579.