Showing posts with label death by electrocution. Show all posts
Showing posts with label death by electrocution. Show all posts

Friday, 24 April 2015

Whether court can determine compensation in case of death by electrocution relying on provisions of Motor vehicle Act?

There is no codified law for arriving at the quantum of compensation in cases of this type. The enactments like Motor Vehicles Act, 1988; Workmen Compensation Act, 1948; and Fatal Accidents Act, 1855 may be applied for arriving at the just compensation. In the decision reported in (1969) 3 SCC 64 (C.K.Subramania Iyer v. T.Kunhikuttan Nair) the Supreme Courtheld that there is no exact uniform rule for measuring the value of human life and the measure of damages cannot be arrived at precisely. In the decision reported in (2001) 8 SCC 151 (M.S.Grewal v. Deep Chand Sood) the Supreme Court held that multiplier method may be adopted to arrive at the just compensation. The age of the deceased can also be taken for arriving at a correct multiplier as per the judgment of the Supreme Court reported in 2011 (5) LW 408(P.S.Somanathan & Others v. District Insurance Officer & Another).

Madras High Court

Mrs.Saroja vs The Government Of Tamil Nadu on 13 February, 2014
Citation;2014(4)T.A.C 558 Madras
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