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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL
Pushpa Devi W/o Late Ramsurat – Appellant
Versus
Dharampal Singh S/o Suphal Singh – Respondent
ORDER :
Sanjay K. Agrawal, J.
1. Since both these appeals are arising out of common impugned order, they have been clubbed together, heard together and are being disposed by this common judgment.
2. The claimants as well as the insurance company both have preferred these two appeals under Section 173 of the Motor Vehicles Act, 1988 ( for short “Act of 1988”) against the impugned award passed by the Additional Motor Accident Claims Tribunal, Surajpur, Chhattisgar (for brevity “AMACT”). Claimants in their appeal i.e. MAC No.1487/2022 are seeking enhancement of award and whereas the insurance company in its appeal i.e. MAC No.1173/2022 is seeking reduction in the amount of award granted by the AMACT.
3. Mr. Akash Shrivastava, learned counsel for the claimants, would submit that the amount of house rent allowance, provident fund, vehicle fuel allowance and medical allowance could not have been deducted from the monthly income of the deceased in light of decision of the Supreme Court in the matter of Vimal Kanwar and others v. Kishore Dan and others , [ (2013) 7 SCC 476 ] and, therefore, the appeal of the claimants be allowed and the compensation awarded by the Claims Tribunal may suitabl
Deductions for allowances from deceased's income in motor accident claims are impermissible; courts should enhance compensation based on actual earnings and future prospects.
Interpretation of 'pecuniary advantage' and 'compassionate appointment' under the Motor Vehicles Act, and the application of multiplier and deduction guidelines for calculating compensation.
The judgment emphasizes the correct computation of compensation in motor accident claims, considering factors such as pension deduction and loss of future prospects.
Pension is considered part of income for compensation calculations, and future loss of earnings must be factored into awards under the Motor Vehicles Act.
Compensation under the Motor Vehicles Act must consider gross income without arbitrary deductions and allow future prospects based on statutory guidelines, ensuring just compensation for victims' dep....
Compensation in motor vehicle accident claims must consider all components of a deceased's income, including allowances, while applying only statutory deductions.
Deductions from compensation for life insurance and provident funds are impermissible; 'just compensation' should reflect total income beneficial for dependents without deductions linked to the decea....
The main legal point established in the judgment is the determination of 'just compensation' under the Motor Vehicles Act, 1988, and the clarification that pensionary benefits, family pension, and ot....
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