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JIJU KURUVILA & ORS. vs. KUNJUJAMMA MOHAN & ORS

SCR Citation: [2013] 7 S.C.R. 276
Year/Volume: 2013/ Volume 7
Date of Judgment: 02 July 2013
Petitioner: JIJU KURUVILA & ORS.
Disposal Nature: Appeals Disposed Off
Neutral Citation: 2013 INSC 409
Judgment Delivered by: Hon'ble Mr. Justice S.J. Mukhopadhaya
Respondent: KUNJUJAMMA MOHAN & ORS
Case Type: CIVIL APPEAL /4945-4946/2013
Order/Judgment: Judgment
1. Headnote

MOTOR VEHICLES ACT, 1988:s. 166 - Fatal accident -- Compensation - Deceased employed in US - Date for fixing the rate of exchange -Deduction towards personal expenses - Held: If the claimant files petition claiming compensation in Indian Rupees (INR),then date of filing of claim petition is the proper date for fixing the rate of exchange at which foreign currency amount has to be converted into currency of the country (INR) -- Deceased aged 45 years, multiplier of 14 applicable - At the time of death, there being four dependents, 114th of total income to be deducted towards personal expenses - Amount of compensation payable to claimants will thus, be Rs.54,49,500/-, besides Rs.2,00,000/- as loss of love and affection to two children and Rs.1,00,000/- towards loss of consortium to the wife, with 12% interest.

s. 166 - Fatal accident - Compensation Propriety of ·Tribunal and High Court apportioning contributory negligence at 75:25 and 50:50 respectively and awarding compensation accordingly - Held: The evidence;of eye~witness,:file FIR and he charge-sheet against the driver of offending vehicle, established that he caused the death due to negligent driving-- Therefore, Tribunal and High Court erred in concluding that the accident occurred due to the negligence on the part of the deceased as well.

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Fatal accident
  • Compensation
5. Equivalent citation
    Citation(s) 2013 (9) SCC 166 = 2013 (9) Suppl. SCC 166 = 2013 (13) JT 417 = 2013 (13) Suppl. JT 417 = 2013 (8) SCALE 722