Compensation – Enhancement of – Motor accident claim – High Court enhanced the compensation awarded by the Tribunal by enhancing the amount towards loss of dependency considering the income of the deceased persons at Rs.8,500/- per month – On appeal, held: Considering the fact that the deceased were having driving license and were working as drivers, the claimants shall be entitled to the loss of dependency considering the income of the deceased as Rs.10,000/- per month – Thus, in C.A No.6676 of 2022, considering the actual income of the deceased as Rs.10,000/- per month and adding 40% towards the future prospects, thereafter deducting 1/3rd towards the personal expenses of the deceased and applying the multiplier of 15, the claimants are entitled to Rs.16,18,120/- under the head loss of dependency and a total sum of Rs.18,50,120/- towards the compensation with 6% interest – Further in C.A No.6677 of 2022 also, considering the actual income of the deceased as Rs.10,000/- per month and adding 40% towards the future prospects, thereafter deducting 1/3rd towards the personal expenses of the deceased and applying the multiplier of 13, the claimants are entitled to Rs.14,56,104/- under the head loss of dependency and a total sum of Rs.15,76,104/- towards the compensation with 6% interest – Respective impugned orders modified – Respondents-insurance company to deposit the balance enhanced amount of compensation with the Tribunal within 8 weeks from today failing which it shall carry an interest @ 7.5 % all throughout.
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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