SUPREME COURT OF INDIA

 

Chambers of Ishaan Garg

Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054

+91 8851742417, +91 8800386163


HEADNOTE:- Section 438 CRPC  Anticipatory bail  Conditions imposed by the High Court - Appellant unable to fulfill the conditions in their entirety

 - Supreme Court held that such conditions should not ordinarily be imposed while considering anticipatory bail prayer - Orders imposing such conditions set aside - Anticipatory Bail Application restored for fresh consideration by the High Court in accordance with law. [Paras 3 to 8]

HEADNOTE:- Motor Vehicles Act, Section 166  Contract Act  Section 2(d)  Motor Accidents Claims Tribunal  Compensation  Notional Income Future Prospects  Multiplier  Contributory Negligence Attendant Charges  Future Medical Expenses  Loss of Marital Prospects  Discomfort  Extra Nourishment  Medical Bills  Motor Accident  Amputation  Functional Disability  In a motor accident case involving a young engineering student who suffered amputation of his leg due to the negligence of multiple parties, the Supreme Court enhanced the compensation by reassessing the notional income, elaborating on future prospects, applying an appropriate multiplier, and reinstating the original attendant charges awarded by the Tribunal, deeming the High Court's reduction unjustified — The Court also increased the compensation for loss of marital prospects, while affirming other heads — The total compensation was calculated after deducting the appellant's contributory negligence of 20%. The insurers of the offending vehicles were directed to pay the compensation