Motor Vehicles Act, 1988 – Motor accident resulting in death of a person – Compensation claim on his behalf by his wife, his son and his mother – Accident occurred when deceased was riding on a three-wheeler with his brother – The vehicle was being driven by respondent no. 1, and was insured with respondent no.3-insurance company – Tribunal was of the opinion that the accident did occur due to the rash and negligent driving by driver of the three-wheeler and fixed the liability on the insurance company – Total amount of compensation awarded by the Tribunal was Rs.4,33,000/- – Appeal – High Court awarded increased compensation on the opinion that the multiplier should have been thirteen instead of nine and the Tribunal was wrong in not granting any amount towards the future prospects – Therefore, the High Court increased the compensation awarded to Rs. 6,55,000/- and also increased the rate of interest from 7% to 7.5% – Held: The change of multiplier was granted by the High Court as the age of the deceased was wrongly recorded as
60 and was found to be 50 years, based on scientific evidence – High Court correctly awarded the compensation – Order of High Court upheld.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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