Motor Vehicles Act, 1988 – Fatal accident – Compensation – Computation of – Victim crushed to death by the offending truck being driven by respondent no.1 in a rash and negligent manner – Appellant’s case that the deceased was aged about
45 years at the time of her death and was earning a monthly income of Rs.10,000/- – Claim petition – Tribunal awarded compensation of Rs.4,31,680/- which was enhanced by the High Court to Rs.5,96,761/- – Correctness:
Held: Motor Vehicles Act, 1988 is a beneficial and welfare legislation and it is the duty of the Court to award ‘just compensation’ – Monthly income coming to Rs.7,637/- rounded off at Rs.7000/- – Sufficient indication that the deceased was aged about 45 years as per the Post-Mortem Report which is a scientific assessment of the age of the deceased – Multiplier of 14 granted taking her age as 45 years – For loss of love and affection, Rs.40,000/- per head with escalation of 10% every three years of loss of consortium, granted to five claimants as per formula approved – Expenses for funeral and transportation increased from Rs.10,000/- to 20,000/- – Loss of future prospects assessed at 25% – Courts below took the deduction for personal expenses to be 1/5th, however, the same is taken to be 1/4th and the compensation is quantified – Total compensation of Rs.13,82,500/- awarded with 7.5% interest per annum which would be pro rata if any amount has been paid – Impugned judgment set aside. [Paras 11, 12, 14-17]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Nidhi Jain. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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