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KIRTI & ANR. ETC. vs. ORIENTAL INSURANCE COMPANY LTD.

SCR Citation: [2021] 1 S.C.R. 989
Year/Volume: 2021/ Volume 1
Date of Judgment: 05 January 2021
Petitioner: KIRTI & ANR. ETC.
Disposal Nature: Appeals Partly Allowed
Neutral Citation: 2021 INSC 6
Judgment Delivered by: Hon'ble Mr. Justice Surya Kant
Respondent: ORIENTAL INSURANCE COMPANY LTD.
Case Type: CIVIL APPEAL /19/2021
Order/Judgment: Judgment
1. Headnote

Motor Vehicles Act, 1988: Claims and legal liabilities crystallise at the time of accident itself – Any changes post thereto, ought not to ordinarily affect pending proceedings – Just like how claimants cannot rely upon subsequent increases in minimum wages, the insurer too cannot seek benefit of the subsequent death of a dependent during the pendency of legal proceedings – Similarly, any concession in law made in this regard by either counsel would not bind the parties. B C D Concession in law: Permissibility, extent of – Held: Advocates cannot throw away legal rights or enter into arrangements contrary to law – Motor Vehicles Act, 1988. Motor Vehicles Act, 1988: Assessment of income in the absence of evidence – Held: In the instant case, although it is correct that the claimants were unable to produce any document evidencing victim-husband’s income, nor they established his employment as a teacher; but that would not justify adoption of the lowest-tier of minimum wage while computing his income – From the statement of witnesses, documentary evidence-on-record and circumstances of the accident, it is apparent that victim was comparatively more educationally qualified and skilled – Further, he maintained a reasonable standard of living for his family as evidenced by his use of a motorcycle for commuting – Preserving the existing standard of living of a deceased’s family is a fundamental endeavour of motor accident compensation law – Thus, the minimum wage of Rs 6197 as applicable to skilled workers applied in his case.   Motor Vehicles Act, 1988: Future prospects – In case the deceased was self-employed or on a fixed salary, an addition of 40% of the established income should be the warrant where the deceased was below the age of 40 years – An addition of 25% where the deceased was between the age of 40 to 50 years and 10% where the deceased was between the age of 50 to 60 years should be regarded as the necessary method of computation – The established income means the income minus the tax component – The argument that no future prospects ought to be allowed for those with notional income, is both incorrect in law and without merit considering the constant inflation-induced increase in wages. Motor Vehicles Act, 1988: Calculation of notional income for homemakers and the grant of future prospects with respect to them, for the purposes of grant of compensation – Determining factors, discussed. (Per N.V. Ramana, J – Supplementing).

2. Case referred
3. Act
      No Data Found!!!!!
4. Keyword
  • Motor Vehicles Act
  • 1988
5. Equivalent citation
    Citation(s) 2021 AIR 353 = 2021 (2) SCC 166 = 2021 (2) Suppl. SCC 166 = 2021 (1) JT 74 = 2021 (1) Suppl. JT 74 = 2021 (1) SCALE 290