Case title: Kubrabibi v. Oriental Insurance
Citation: (SC) 697
Summary
The Supreme Court has upheld an award made by the Motor Accidents Claim Tribunal (MACT) in a vehicle accident case. The Supreme Court criticized the High Court’s methodology in assessing evidence, stating that it is crucial to consider notional income based on social standing when handling cases involving those working in the unorganized sector. The Supreme Court emphasized that claimants, being the deceased’s dependents, should have their notional income considered even if there is no tangible evidence of income. The Supreme Court instructed the Insurance Company to deposit the awarded sum four weeks after the judgment receipt.
About the case
An award that the Motor Accidents Claim Tribunal (MACT) initially made has been upheld by the Supreme Court. Reiterating the MACT’s decision, the supreme court voiced dissatisfaction with the High Court’s methodology in assessing the evidence. An appeal against a High Court ruling that had lowered claimants’ compensation from Rs 11,87,000 to Rs 4,75,000 in a vehicle accident case was being heard by the Supreme Court bench, which is made up of Justices A.S. Bopanna and Prashant Kumar Mishra.
The matter concerned the premature passing of a person who was the only breadwinner in his household. Because the deceased worked in the unorganized sector, the claimants were unable to get complete documentation, therefore the High Court’s evaluation of the evidence about the deceased’s income had caused worry. The deceased was employed as a competent mechanic in a two-wheeler repair shop, the MACT determined after attempting to evaluate his income in spite of this obstacle. In its ruling, the Supreme Court made clear that it is critical to take into account the notional income based on the social standing of individuals while handling cases involving those who work in the unorganized sector.
The claimants, being the deceased’s dependents, should have their notional income considered even in the event that there is no tangible evidence of income, the Court stressed.The High Court was chastised by the Supreme Court for its stringent demands for comprehensive proof of the deceased’s earnings and ownership of the repair shop where he was employed. The Supreme Court reversed the decision made by the High Court on March 5, 2019, and reinstated the Award that was first granted by the MACT on March 13, 2007, emphasizing that cases involving the unorganized sector necessitate sensitivity and consideration of the deceased’s social circumstances. The Insurance Company was instructed by the Court to deposit the awarded sum four weeks after the date of judgment receipt.
