Page 55 - The Insurance Times September 2024

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Supreme Court: In motor accident the deceased's income had caused worry.The deceased was
employed as a competent mechanic in a two-wheeler repair
claims, the deceased's social status shop, the MACT determined after attempting to evaluate

should be taken into account if there is his income in spite of this obstacle. In its ruling, the Supreme
insufficient evidence of their income. Court made clear that it is critical to take into account the
notional income based on the social standing of individuals
Case title: Kubrabibi v. Oriental Insurance while handling cases involving those who work in the
unorganized sector.
Summary
The claimants, being the deceased's dependents, should
The Supreme Court has upheld an award made by the Motor have their notional income considered even in the event that
Accidents Claim Tribunal (MACT) in a vehicle accident case. there is no tangible evidence of income, the Court
The Supreme Court criticized the High Court's methodology stressed.The High Court was chastised by the Supreme Court
in assessing evidence, stating that it is crucial to consider
notional income based on social standing when handling for its stringent demands for comprehensive proof of the
cases involving those working in the unorganized sector. The deceased's earnings and ownership of the repair shop where
he was employed. The Supreme Court reversed the decision
Supreme Court emphasized that claimants, being the
made by the High Court on March 5, 2019, and reinstated
deceased's dependents, should have their notional income
the Award that was first granted by the MACT on March
considered even if there is no tangible evidence of income.
The Supreme Court instructed the Insurance Company to 13, 2007, emphasizing that cases involving the unorganized
deposit the awarded sum four weeks after the judgment sector necessitate sensitivity and consideration of the
receipt. deceased's social circumstances. The Insurance Company
was instructed by the Court to deposit the awarded sum four
About the case weeks after the date of judgment receipt.
An award that the Motor Accidents Claim Tribunal (MACT)
initially made has been upheld by the Supreme Court. If The Insurance Company Agrees To Pay
Reiterating the MACT's decision, the supreme court voiced
dissatisfaction with the High Court's methodology in The Owner Of The Insured Vehicle, It Is
assessing the evidence. An appeal against a High Court Liable Under Contract: High Court of
ruling that had lowered claimants' compensation from Rs
11,87,000 to Rs 4,75,000 in a vehicle accident case was Delhi
being heard by the Supreme Court bench, which is made up
Title: National Insurance Co. Ltd. vs. Ravi Prakash
of Justices A.S. Bopanna and Prashant Kumar Mishra.
Mishra & Anr.
The matter concerned the premature passing of a person
who was the only breadwinner in his household. Because Summary
the deceased worked in the unorganized sector, the The Delhi High Court ruled that an insurance company must
claimants were unable to get complete documentation, fulfill its contractual obligations to compensate the owner
therefore the High Court's evaluation of the evidence about of an insured vehicle for death or injury. The court ruled that

The Insurance Times September 2024 49