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A. V. RAVINDRA BABU
Cholamandalam Ms General Insurance Co. Ltd. – Appellant
Versus
B. Shahnaz W/o B. Shabbir @ Basha – Respondent
JUDGMENT :
A.V. RAVINDRA BABU, J.
1. Challenge in this M.A.C.M.A. is to the award, dated 09.11.2015 in M.V.O.P. No. 69 of 2014, on the file of the Motor Accidents Claims Tribunal-cum-VIII Additional District Judge, Chittoor (“Tribunal” for short) whereunder, the Tribunal dealing with a claim of compensation made by the claimants for a sum of Rs.4,00,000/- with regard to the death of the B.Mohammad Siddiq @ Basha (hereinafter will be referred to as “deceased”) in a motor vehicle accident occurred on 02.12.2013 at 4.45 p.m. awarded a sum of Rs.4,65,000/- towards compensation.
2. The parties to this M.A.C.M.A. will hereinafter be referred to as described before the Tribunal for the sake of convenience.
3. The case of the petitioners in M.V.O.P. No. 69 of 2014, according to the averments set out in the claim before the Tribunal, in brief, is that:
Compensation for minors in motor vehicle accidents should consider notional income and legal precedents to ensure just compensation.
The court clarified the application of Sections 163-A and 166 of the M.V. Act in compensation claims, emphasizing the importance of accurate evidence and appropriate multipliers.
The court established that compensation for motor vehicle accidents must consider the income of the deceased and the principles of negligence as outlined in relevant case law.
The court reinforced the principle that compensation in motor vehicle accident cases should reflect the victim's income and the impact on dependents.
The absence of a valid driving license for the driver significantly impacts liability in motor vehicle accident claims, reinforcing the need for adherence to traffic regulations.
Compensation for loss of life must reflect potential earnings and the impact on dependents, requiring evidence of academic performance for justifying claims.
The court ruled that the deduction of income tax from compensation was unsustainable as the deceased was not liable for tax, enhancing the total compensation to Rs.19,19,000.
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