Digi - Legal Insights

High Courts award on other heads remains valid, but Rs.50,000/- for amenities was removed as it was deemed included in loss of earning capacity and revised total compensation will be paid within three months, with a 7.5% interest applied.

Amount received as part of Mediclaim/medical insurance is not deductible from compensation as calculated by concerned Tribunal, adjudicating a claim for compensation under MVA which may also include compensation under head of medical expenses, if claimed.

In computing compensation for the death of a homemaker, courts must recognize the economic value of unpaid domestic work.

In determining motor accident claims, just compensation must holistically account for the deceaseds future professional potential without descending into pure speculation.

Walking is a fundamental constitutional right, empowering citizens to seek legal restitution against local duty bearers for failing to provide footpaths.

Claims under the Motor Vehicles Act must be adjudicated on the touchstone of preponderance of probability rather than proof beyond reasonable doubt.

Compensation awarded to appellant stands modified and enhanced accordingly with interest at same rate as awarded by High Court and Respondent no. 2-Insurance Company is directed to deposit enhanced amount before Tribunal within a period of six weeks.

Findings of Tribunal that both car driver and Loco Pilots were negligent to cause accident needs to be upheld however, Railways is held responsible for accident @ 75% and car driver is held responsible for accident @25%

Award passed by MACT has been modified by High Court and interest on increased sum is to be paid as decreed by Tribunal.

MACTs award did not require intervention and 40% of awarded amount has been deposited, allowing Respondent to withdraw it along with interest and Appellant is required to pay remaining amount and interest to Respondent within three weeks.

MACT is directed to recompute total compensation accordingly, taking into account these factors within period of 6 weeks.

Appellants/Claimants are held entitled to Rs. 40,58,300/- from Respondent No.1/Insurance Company, with interest @ 9% p.a. from date of claim application till realization, as per specific calculation.

Compensation of Rs. 46,06,000 with 7% annual interest from claim application date was awarded to deceaseds mother, with specific provisions regarding interest adjustments excluded from reconsideration.

Claimants are entitled to an enhanced compensation amount of ₹ 27,68,711/- plus 7% interest from claim petition date, a modification from previous amount of ₹ 7,56,070/-.

Legal heirs are entitled to Rs. 5,00,000 in cases of death or permanent disability without any additional considerations hence, amended Section 164 of Act is applicable retroactively, allowing for this entitlement.

Interpretation of law should align with Acts objectives, leading to a conclusion that Commissioner did not properly apply law to facts hence, findings regarding territorial jurisdiction are set aside and case is remanded for consideration of other points.

Insurance Company directed to pay enhanced compensation of Rs.88,000/- to parents along with interest @ 7.5% per annum.

There is no straitjacket formula for holding a persons notional income and it must be applied judiciously considering notifications from government authorities defining minimum wages.

If vehicle has been sold to an innocent buyer who has paid necessary customs duties, registration must be maintained under Section 40 of Act to protect buyer from repercussions of fraud.

Appellants are entitled to recover compensation of Rs. 2,90,400/- towards pecuniary loss from Respondents jointly and severally and order passed by Tribunal under other heads stands confirmed.