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