Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari 2025 INSC 1070 - Motor Accident Compensation - Minimum Wages Metric - Child Cases
Motor Accident Compensation - When a Tribunal or the High Court in appeal, is concerned with the case involving a child having suffered injury or having passed away, the calculation of loss of income necessarily has to be made on the matric of minimum wages payable to a skilled worker in the respective State at the relevant point of time- In cases where the claimant has failed to furnish appropriate details of income or adequate proof thereof, it shall be the responsibility and obligation of the contesting party, more particularly the insurance company to furnish before the Tribunal the applicable minimum wage as duly issued by the concerned government. (Para 15-16)
Case Info
Case Name and Neutral Citation
- Case Name: Hitesh Nagjibhai Patel v. Bababhai Nagjibhai Rabari & Anr.
- Neutral Citation: 2025 INSC 1070
Coram (Judges)
- Justice Sanjay Karol
- Justice Prashant Kumar Mishra
Judgment Date
- Date: 8 August 2025
Caselaws and Citations Referred
- Mallikarjun v. Divisional Manager, National Insurance Company Limited and Anr.
- Citation: (2014) 14 SCC 396
- Kajal v. Jagdish Chand and Ors.
- Citation: (2020) 4 SCC 413
- Baby Sakshi Greola v. Manzoor Ahmad Simon and Anr.
- Citation: 2024 SCC OnLine SC 3692
- National Insurance Co. Ltd. v. Pranay Sethi
- Citation: (2017) 16 SCC 680
- Mohd. Sabeer v. U.P. SRTC
- Citation: (2023) 20 SCC 774
- Sidram v. Divisional Manager, United India Insurance Ltd.
- Citation: (2023) 3 SCC 439
- Sanjay Rajpoot v. Ram Singh
- Citation: 2025 SCC OnLine SC 285
- Ayush v. Reliance General Insurance Co. Ltd.
- Citation: (2022) 7 SCC 738
Statutes/Laws Referred
- Motor Vehicles Act, 1988
- Section 166: Claim for compensation
- Section 173: Appeal to High Court