Supreme Court of India

Rajesh & Others v. Rajbir Singh & Others

Neutral citation

Reported as [2013] 5 S.C.R. 961

Bench G.S. Singhvi, Kurian Joseph and Sharad Arvind Bobde JJ.

Decided 12 April 2013

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

8 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the Tribunal/Court has a duty, irrespective of the claims made in the Application, if any, to properly award a just, · G equitable, fair and reasonable compensation, if necessary, ignoring the claim made in the application for compensation.

Judgment, page 15

From the headnote

Motor Vehicles Act, 1988 - s.166 - Fatal accident - Compensation - Grant of - Addition to actual income of the deceased towards future prospects - Norms laid down with regard to salaried persons in Sar/a Verma case - Further explained in Santosh Devi case, and also. made applicable · to self-employed and persons on fixed wages - Clarification now given in regard to self-employed and persons on fixed wages with reference to their age - Held: In case the deceased victim was below 40 years, there must be an addition of 50% to the actualincome of the deceased while computing future prospects -

Authorities it was built on

2009 Smt. Sarla Verma & Ors. v. Delhi Transport Corporation & Anr. cited by 64
2002 Nagappa v. Gurudayal Singh and Ors. cited by 17
2012 Santosh Devi v. National Insurance Company Ltd. and Others cited by 13
2009 Ningamma & Anr. v. United India Insurance Co. Ltd. cited by 9
2009 Syed Basheer Ahamed & Ors. v. Mohd. Jameel & Anr. cited by 1

Where later benches applied it

2022 Divya v. The National Insurance Co. Ltd. & Anr relied on
2015 Munnalal Jain and Another v. Vipin Kumar Sharmaano Others relied on
2015 Shashikala & Ors. v. Gangalakshmamma & Anr. relied on
2015 Jitendra Khimshankar Trivedi & Ors. v. Kasam Daud Kumbhar & Ors. relied on
2014 Kalpanaraj v. Tamil Nadu State Transport Corporation relied on
2026 V. Pathmavathi v. Bharthi Axa General Insurance Co. Ltd. referred to
2022 Harpreet Kaur & Ors v. Mohinder Yadav & Ors. referred to
2018 Magma General Insurance Co. Ltd. v. Nanu Ram Alias Chuhru Ram & Ors. referred to

Of those, 5 relied on · 3 referred to

Sign in free to read it

The full judgment, page by page, as published in the Supreme Court Reports
The ratio: what the Court held, verbatim, with the page it sits on
Every bench that relied on it, and every bench that argued against it
Search every reported judgment, by party, citation or question
Download the PDF, copy pinpoint citations ready for a filing

An email address, no password.