This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
Earning capacity of deceased should be taken in account while calculating loss of income to family
Case Law Details
- Case Name
- Santosh Devi Vs National Insurance Company Ltd. and others (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
The Supreme Court has enhanced the compensation to the widow and dependents of a person who was killed in a road accident, ruling that the future earning capacity of the deceased should also be taken into account while calculating the loss of income to the family. In this case, Santosh Devi vs National Insurance Company Ltd, the deceased person was running a milk dairy.
The motor accident claims tribunal awarded the family Rs 1.32 lakh in all. The Punjab and Haryana high court enhanced it to 1.77 lakh. The court took the view that the deceased head of family was 45 years old when he died and h...
