A WIN FOR VICTIM’S FAMILIES: SUPREME COURT MANDATES INCLUSION OF HRA IN ACCIDENT COMPENSATION
The Kavita Devi and Others v. In Sunil Kumar and Another the Supreme Court substantially increased the compensation to the family of a victim of an accident. The Court held that in determining compensation, actual income should consist of HRA and wages and the allowances are part of the benefits enjoyed by the entire family. The verdict stated that courts needed to abandon hyper-technical inferences and should be more comprehensive on the meaning of the word income in order to equally provide compensation that is both proper and appreciated. This decision holds fast to a victim-oriented approach to a motor accident claim.