Case Law Details
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 his income was not likely to increase like employed people as he was in a steady business. The Supreme Court rejected this view and said that it was not merely employed people whose income went up with years; even self-employed persons earn higher income with time. This fact should be taken into account while computing compensation, the court said while awarding Rs 3.17 lakh.
SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.3723 OF 2012
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