LawLoveLegal

The Supreme Court of India has referred a significant legal question to a larger bench —how should the income of Indians working abroad be assessed for calculating compensation in road accident cases within India? This development comes amid conflicting judicial precedents on whether to calculate compensation based on the deceased’s full foreign income or to adjust it in line with Indian cost-of-living standards. Background of the Case: The Death of Hari Shankar Brahma The matter arose from an appeal filed by the family of Hari Shankar Brahma , a 27-year-old system analyst employed with Nihaki Systems Inc., New Jersey (USA) , who tragically died in a road accident in India in 2009. At the time of his death, he earned $47,050 per year (around ₹21 lakh) . His parents and siblings sought compensation before the Motor Accident Claims Tribunal (MACT) under the Motor Vehicles Act, 1988 . The Tribunal calculated compensation based on his US income with standard deductions, awarding ₹...

A Public Interest Litigation (PIL) has been filed in the Bombay High Court challenging the legality of continued toll collection from heavy vehicles entering Mumbai through five key entry points. The petition argues that the ongoing toll collection violates constitutional and statutory provisions and imposes an arbitrary financial burden on vehicle owners. Details of the PIL and Parties Involved The PIL, filed by advocate Pravin Wategaonkar , names the Chief Secretary of Maharashtra and the Maharashtra State Road Development Corporation (MSRDC) as respondents. The MSRDC manages major arterial roads in Mumbai and collects toll through contractors. Currently, only heavy vehicles entering Mumbai through five major entry points — Dahisar, LBS Road (Mulund), Eastern Express Highway (Mulund), Airoli Creek Bridge, and Vashi — are required to pay toll tax. Earlier, even light motor vehicles paid tolls ranging from ₹45 to ₹75. However, they were exempted from toll ...