Back
IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAKESH MOHAN PANDEY
Birasmuni Bai W/o Late Butna Ram – Appellant
Versus
Vinay Kumar Jain S/o Shri Prem Kumar Jain – Respondent
JUDGMENT :
RAKESH MOHAN PANDEY, J.
1. These two appeals have been preferred against the judgment and award passed by the Motor Accident Claims Tribunal, Jashpur (C.G.) in Claim Case No. 71/2019 dated 29.07.2021, whereby the learned Claims Triubnal has granted compensation to the tune of Rs.14,70,800/- to the claimants with interest @ 6% per annum on account of death of Santu Ram.
2. The facts, in brief, are that deceased- Santu Ram was helper in Truck bearing registration No. CG-19 / H-2241 and it was dashed by the Trailer bearing registration No. CG-13/LA-7002 on 25/05/2017. In the said accident Santu Ram sustained injuries and succumbed to death.
3. Mr. Divyanand Patel, learned counsel appearing for the claimants would submit that at the time of accident, age of the deceased was 19 years and earning Rs.9,000/- per month. He would submit that the learned Claims Tribunal deducted 1/2 of the income for personal and living expenses of the deceased which is erroneous. He would contend that the learned Claims Tribunal should have deducted 1/3rd for personal and living expenses of the deceased according to law laid down by the Hon’ble Supreme Court in the matter of Smt. Sarla Verma and othe
The court affirmed the deduction of 50% for living expenses for a bachelor in compensation cases, prioritizing postmortem findings over Aadhaar as proof for age verification.
(1) Death in motor accident – As to age of deceased, School Leaving Certificate has been accorded statutory recognition – Age mentioned in Aadhar Card could not be taken as a conclusive proof in view....
The court established that accurate income assessment, consideration of future prospects, and appropriate multipliers are essential for determining just compensation under the Motor Vehicles Act.
Appellate courts can enhance compensation in motor accident claims even without a cross-appeal, where just compensation principles apply, considering established evidence of income and deductions.
The main legal point established in the judgment is that the deceased's actual income and age should be considered for applying the multiplier in motor accident compensation cases, as per the Supreme....
The court emphasized the proper assessment of personal expenses in compensation claims, confirming a deduction of 1/4 for dependents and validating the calculation of income based on the most recent ....
Compensation can exceed the amount claimed if justified by evidence; the appropriate multiplier for dependents and deductions should adhere to established guidelines.
The main legal point established in the judgment is the application of legal principles from previous judgments to determine the appropriate deductions and multipliers for the calculation of compensa....
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
