SUPREME COURT OF INDIA
SURYA KANT AND NONGMEIKAPAM KOTISWAR SINGH, JJ.
Sonika And Others – Appellant
Versus
Mahender Nath And Others – Respondent
Civil Appeal No. 4385 of 2025 (Arising Out of SLP (Civil) No. 9513 of 2020)
Decided on : 26-03-2025
| Table of Content |
|---|
| 1. facts surrounding the accident and victim's profile. (Para 2 , 3 , 4 , 5) |
| 2. compensation awarded and issues with income assessment. (Para 6 , 7) |
| 3. court's analysis of income and multiplier application. (Para 9 , 10 , 11) |
| 4. conclusion on compensation and distribution. (Para 12 , 13) |
ORDER :
1. Leave granted.
2. The appellants are the wife and parents of one Main Pal, who unfortunately died in a motor accident on 09.06.2010. He was riding a motorcycle with his father on the National Highway in District Karnal, when a truck, being driven rashly and negligently by respondent No.1, hit the motorcycle causing fatal injuries to Main Pal.
3. Main Pal was a brilliant student who did his three-year Diploma Course in Production Engineering from Government Polytechnic, Nilokheri in first division and a certificate to this effect was issued by the Institute on 21.08.2009 (Annexure P/2). Soon thereafter, he got a private employment on a monthly salary of Rs.7,500/-. Meanwhile, Main Pal competed for the post of Sailor in the Indian Navy and having qualified the recruitment examination, the Directorate of Manpower Planning & Recruitment, IHQ-Ministry of Defence (Navy), Sena Bhawan, New Delhi informed him vide memo dated 29.06.2010 (Annexure P/3) that he had been 'provisionally selected for recruitment in the Indian Navy'. He was called for interview and final medical examination, which were the procedural requirements, to be followed by his basic training at INS, Chilka in: (a) Academic and service subjects. (b) Sports Activities. (c) Outdoor training such as Parade Training. Sailing, Trekking Cross-Country, firing etc. (d) Service oriented activities including maintenance of equipment, living spaces and training etc.
4. Clause 7 of the offer of appointment further recited as follows:
'7. During your training period and thereafter, you will be entitled to full pay and allowances, free uniforms, food and accommodation as per current orders. On completion of Training you will be entitled to the laid down the services and benefits as provided for, in the regulations. Your service condition will be governed by the current orders.'
5. Unfortunately, as noticed earlier, even before receiving the offer of appointment from the Indian Navy, Main Pal met with the road accident where he lost his life on 09.06.2010.
6. The appellants filed a claim petition and the Motor Accident Claims Tribunal, Karnal vide Award dated 08.10.2011 granted them a compensation of Rs.9,75,000/- on the premise that the deceased was earning Rs.7,500/- per month at the time of his death. The appellants being dissatisfied approached the High Court and vide the impugned judgment, the High Court has enhanced the compensation to Rs.16,67,000/-, thereby giving an enhancement of about Rs.6,92,000/-.
7. On perusal of paragraph 11 of the impugned judgment of the High Court, we find that the High Court after noticing that the monthly income of the deceased was Rs.7,500/-, has, without any reason, reduced it to Rs.7,000/- for the purpose of applying the multiplier of 18.
8. Still aggrieved, the appellants are before us.
9. We have heard learned counsel for the parties. The record has been perused. The short question that falls for consideration is whether the compensation should be assessed on the basis of the monthly income the deceased was drawing from his private employment or keeping in view the fact that, in that very month, in which he met with an accident, he had been offered appointment by the Indian Navy as a Sailor and he was entitled to full pay and allowances even during the training.
10. It may be mentioned that the salary on joining the Indian Navy would have been Rs.19,000/- per month. In this regard, it seems to us that it was not a case of any speculative income or guesstimation. There was an offer of appointment by the Indian Navy on 29.06.2010 and the conditions of interview or final medical examination were merely the pre-requisite formalities before allowing
AI
The calculation of compensation under the Motor Vehicles Act, 1988 is based on the deceased's actual income, future prospects, and multiplier as per relevant case laws.
The main legal point established in the judgment is the court's authority to award just compensation exceeding the claimed amount under the Motor Vehicles Act, 1988, and the need for a realistic appr....
The main legal point established in the judgment is the determination of compensation in motor accident cases, considering the deceased's monthly income, future prospects, and loss of dependency.
Compensation for death in motor vehicle accidents must be fair and based on actual income and future prospects, not merely nominal figures.
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