ValkyaEditorial

Tagged “just-compensation”

4 articles on just-compensation.

Supreme CourtSupreme Court of India

Anoop Maheshwari v. Oriental Insurance (2025): functional disability, not the medical certificate, governs loss of earning capacity

In an amputee's claim under the Motor Vehicles Act, the Supreme Court held that compensation for loss of earning capacity turns on functional disability — the real reduction in earning power in the claimant's vocation — not the percentage of physical disability certified by a medical board. It also reaffirmed that income-tax returns are cogent proof of pre-accident income and cannot be brushed aside on surmises.

Valkya Editorial··6 min
Supreme CourtSupreme Court of India

KSRTC v. P. Chandramouli: group insurance and the non-deductibility doctrine in motor accident compensation

On 17 March 2026, a two-judge bench of Justices Pankaj Mithal and Prasanna B. Varale held that amounts received by the dependants of the deceased under employer-provided group insurance — or under other contractual or social-security benefits — cannot be treated as 'pecuniary advantages' liable to be deducted from compensation awarded under the Motor Vehicles Act, 1988. The judgment affirms the prior doctrinal line that advantages accruing from contracts performed during the deceased's lifetime are not outcomes of the death itself, and produces a working frame for the just-compensation architecture in motor-accident claims.

Valkya Editorial··8 min