MANU/SC/1366/2017

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IN THE SUPREME COURT OF INDIA

SLP (C) No. 25590 of 2014, SLP (C) No. 16735 of 2014, Civil Appeal No. 6961 of 2015, SLP (C) No. 163 of 2016, SLP (C) No. 3387 of 2016, SLP (C) No. 7076 of 2016, SLP (C) No. 32844 of 2016, SLP (C) No. 16056 of 2016, SLP (C) No. 22134 of 2016, SLP (C) No. 24163 of 2016, Civil Appeal No. 8770 of 2016, Civil Appeal Nos. 8045-8046 of 2016, SLP (C) No. 26263 of 2016, SLP (C) No. 25818 of 2016, SLP (C) No. 26227 of 2016, SLP (C) Nos. 29520-29521 of 2016, SLP (C) No. 35679 of 2016, SLP (C) No. 34237 of 2016, SLP (C) No. 36072 of 2016, SLP (C) No. 35371 of 2016, SLP (C) No. 34395 of 2016, SLP (C) No. 36027 of 2016, SLP (C) No. 8306 of 2017, SLP (C) No. 37617 of 2016, SLP (C) No. 7241 of 2017, Civil Appeal No. 12046 of 2017, SLP (C) No. 17436 of 2017 and Civil Appeal No. 8611 of 2017

Decided On: 31.10.2017

Appellants: National Insurance Company Limited Vs. Respondent: Pranay Sethi and Ors.

Hon'ble Judges/Coram:
Dipak Misra, C.J.I., A.K. Sikri, A.M. Khanwilkar, Dr. D.Y. Chandrachud and Ashok Bhushan

JUDGMENT

Dipak Misra, C.J.I.

1. Perceiving cleavage of opinion between Reshma Kumari and Ors. v. Madan Mohan and Anr. MANU/SC/0287/2013 : (2013) 9 SCC 65 and Rajesh and Ors. v. Rajbir Singh and Ors. MANU/SC/0480/2013 : (2013) 9 SCC 54, both three-Judge Bench decisions, a two-Judge Bench of this Court in National Insurance Co. Limited v. Pushpa and Ors. MANU/SC/1246/2014 : (2015) 9 SCC 166 thought it appropriate to refer the matter to a larger Bench for an authoritative pronouncement, and that is how the matters have been placed before us.

2. In the course of deliberation we will be required to travel backwards covering a span of two decades and three years and may be slightly more and thereafter focus on the axis of the controversy, that is, the decision in Sarla Verma and Ors. v. Delhi Transport Corporation and Anr. MANU/SC/0606/2009 : (2009) 6 SCC 121 wherein the two-Judge Bench made a sanguine endeavour to simplify the determination of claims by specifying certain parameters.

3. Before we penetrate into the past, it is necessary to note what has been stated in Reshma Kumari (supra) and Rajesh's case. In Reshma Kumari the three-Judge Bench was answering the reference made in Reshma Kumari and Ors. v. Madan Mohan and Anr. MANU/SC/1303/2009 : (2009) 13 SCC 422. The reference judgment noted divergence of opinion with regard to the computation Under Sections 163-A and 166 of the Motor Vehicles Act, 1988 (for brevity, "the Act") and the methodology for computation of future prospects. Dealing with determination of future prospects, the Court referred to the decisions in Sarla Dix........