VidhiSangh

Supreme Court of India · 12/10/2018

SEBASTIANI LAKRA & ORS. versus NATIONAL INSURANCE COMPANY LTD. & ANR.

[2018] 13 S.C.R. 1053 · 2018 INSC 967

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court enhanced fatal-accident compensation to Rs.50 lakh with nine-percent annual interest from the claim petition until payment. Payments under the employer’s family-benefit scheme were not deductible because the dependants had funded that scheme by depositing gratuity and other benefits. On the peculiar facts, its additional advantage nevertheless justified declining a separate fifteen-percent future-prospects addition. The insurer could adjust amounts already paid.

Issues

  1. Whether payments under the employer’s family-benefit scheme were deductible from accident compensation.
  2. Whether future prospects should be added and what compensation was just on the facts.

Held

Result

Appeals allowed; compensation enhanced to Rs.50 lakh with interest at nine percent per annum from filing of the claim petition until payment, subject to adjustment of amounts already paid. No separate future-prospects addition on these peculiar facts.

Judgment PDF: Supreme Court of India, [2018] 13 S.C.R. 1053.