#Personal Injury

The Punjab & Haryana High Court raised the award for a two-and-a-half-year-old victim, ordering compensation for future loss of earnings and attendant-care fees in addition to interest, thereby expanding the basis for personal injury damages under Section 166. This sets a higher benchmark for claims involving child victims and similar loss-of-income calculations.

Bombay High Court enhances motor accident compensation from Rs. 25,000 to Rs. 83,275, correcting factual errors in salary loss calculation and awarding disability lump sum.

Bombay High Court revises compensation norms in fatal motor accident cases, establishing Rs. 30,000 as notional annual income for deceased graduates assisting in family businesses and awarding Rs. 48,000 consortium per dependent. The ruling reduces personal expense deduction to 1/2 for bachelors with unmarried siblings, impacting future claims under the Motor Vehicles Act.

The Supreme Court reiterated that motor accident compensation claims must be adjudicated on the 'preponderance of probabilities' standard, not criminal law standards. The ruling sets aside concurrent findings of negligence where the Tribunal and High Court failed to apply this civil law principle, impacting compensation calculations under the Motor Vehicles Act 1988.

MP High Court enhances compensation from Rs. 3.4 lakh to Rs. 7.97 lakh by applying the Minimum Wages Act's Rs. 4,545/month benchmark for deceased unskilled laborers, reinforcing future prospects and filial consortium under Pranay Sethi. The ruling sets a precedent for tribunals to avoid underestimating dependency loss in fatal accident claims.

Bombay High Court enhances compensation for a minor in prolonged coma from Rs. 7.04 lakhs to Rs. 44.34 lakhs, recognizing daily medical expenses and loss of consortium. The ruling establishes a benchmark for future claims involving extended vegetative states under the Motor Vehicles Act.

Madhya Pradesh High Court rules that dependency claims of parents and siblings under the Motor Vehicles Act cannot be dismissed merely for non-appearance as witnesses if their dependency is pleaded and remains unrebutted. The Court modified the MACT award to include the deceased's parents and sister as dependents, reinforcing that compensation must align with pleaded facts and evidence, not procedural defaults.

The Madhya Pradesh High Court has ruled that Income Tax Returns filed by the deceased are reliable and sufficient evidence to determine income for compensation under the Motor Vehicles Act, 1988, overturning the Tribunal's reliance on speculative earnings. This sets a critical precedent for claimants across India, ensuring fairer compensation by recognizing formal tax filings over arbitrary income estimates.

Allahabad HC rules that compelling major adult claimants to invest motor accident compensation in fixed deposits violates their right to immediate access. The court directed full release of funds with accrued interest, reinforcing autonomy over compensation awards.

Bombay High Court enhances motor accident compensation by applying the Pranay Sethi principles, revising the disability assessment from 8% to 10% after evaluating evidentiary gaps. The ruling underscores the need for tribunals to balance equity in income and disability calculations, ensuring compensation reflects actual loss of earning capacity.

Bombay HC rules that functional disability in motor accident compensation must reflect the claimant’s occupation-specific impact, not just medical ratings. Applying the Supreme Court’s Pranay Sethi guidelines retroactively, the Court enhanced compensation for drivers, emphasizing income-based disability assessment over generic medical percentages.

Bombay High Court enhances compensation for a self-employed claimant by applying a 13x multiplier and 25% future prospects, rejecting mechanical income assessment. The ruling sets a precedent for disability calculations in motor accident claims, emphasizing contextual income proof over rigid formulas.

Bombay High Court rules that functional disability in motor accident claims must align with the medical board’s certificate, not private assessments. The judgment reinforces that tribunals must accept board-certified disability percentages as conclusive evidence unless proven fraudulent, impacting compensation calculations for claimants.

The Supreme Court ruled that income tax returns (ITRs) cannot be mechanically applied to determine compensation under the Motor Vehicles Act. Courts must evaluate ITRs contextually, considering the deceased’s employment status-salaried individuals’ ITRs reflect actual income, while self-employed claimants’ ITRs may understate earnings due to business deductions. The judgment mandates a nuanced approach to prevent unjust compensation reductions, impacting insurers, claimants, and tribunals.

Kerala High Court holds that compensation under Section 124A of the Railways Act is not payable for deaths resulting from trespass on railway tracks, distinguishing such cases from accidents involving lawful passengers. The ruling clarifies that strict liability does not extend to self-inflicted injuries, impacting compensation claims for track-related fatalities.