Back
A. S. BOPANNA, PAMIDIGHANTAM SRI NARASIMHA
Vishal – Appellant
Versus
Yugraj Singh Dhindsa – Respondent
ORDER
1. Leave granted.
2. The appellants are before this Court assailing the judgment dated 05.07.2018 passed by the High Court of Punjab and Haryana at Chandigarh in FAO No. 4384 of 2013. Through the said judgment, the High Court while enhancing the compensation awarded by the Motor Accidents Claims Tribunal ('MACT' for short) through the award dated 08.01.2013, has enhanced the compensation to Rs.8,04,967/-(Rupees Eight Lakhs Four Thousand Nine Hundred and Sixty Seven Only) from Rs.4,62,967/- (Rupees Four Lakhs Sixty Two Thousand Nine Hundred and Sixty Seven Only) which was awarded by the MACT but the appellants contend that the just compensation is not awarded.
3. Heard the learned counsel for the parties and perused the appeal papers.
4. The learned counsel for the appellants while seeking enhancement of the compensation would contend that the deceased, who was a twenty year old daughter/ sister of the claimants herein, was a B.Com graduate and was taking tuition classes at her home for school children and was earning a sum of Rs. 15,000/- (Rupees Fifteen Thousand Only) per month. It is contended that affidavits of two of the parents, who were sending their children for tuitions,
The court applied the principle of reckoning income on a notional basis and considered future prospects and personal expenses in calculating compensation.
The court emphasized the importance of considering notional income and the deceased's contribution to the family for determining compensation in motor accident claims under Section 166 of the Motor V....
The main legal point established in the judgment is the determination of enhanced compensation based on the claimant's income, future prospects, disability percentages, and additional amounts for los....
The Supreme Court held that the notional income for a deceased minor must reflect potential familial contributions, leading to an enhancement of overall compensation for the claimants.
The court recalibrated compensation for a road accident victim's heirs based on reasonable income estimation, deviating from the original Tribunal assessment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
