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REKHA PALLI
Oriental Insurance Co. Ltd. – Appellant
Versus
Rajpal Sharma – Respondent
JUDGMENT
Rekha Palli, J. (Oral)
1. The present appeal seeks to assail the award dated 04.12.2018 passed by the learned Motor Accidents Claims Tribunal (Central), Tis Hazari Court, New Delhi in MACT No. 356887/2016. Vide the impugned award, the learned tribunal has awarded a compensation of Rs. 14,80,000/- in favour of the respondent along with interest @ 9% per annum.
2. Learned counsel for the appellant submits that the compensation awarded by the learned Tribunal is highly exorbitant as the learned Tribunal has wrongly applied the minimum wage of a skilled workman to determine the compensation without appreciating the fact that the deceased was only a student of DPharma, to whom these minimum wages could not be made applicable. He further submits that even otherwise, the learned Tribunal erred in awarding an amount of Rs. 1,00,000/- (wrongly recorded as Rs. 80,000/- in para 14 of the impugned award), towards loss of love and affection even though no amount was payable under this head.
3. On the other hand, learned counsel for the respondents, who has also preferred a cross appeal submits that once the deceased was a student of DPharma, he had a bright future and would have had
The potential income of the deceased student, who was undergoing a specialized technical course of DPharma, was considered at Rs. 27,600 per month, influencing the court's decision on the compensatio....
The main legal point established in the judgment is the assessment of notional income based on academic qualifications and future prospects, and the entitlement to loss of consortium in motor acciden....
Motor Accident - Death - Award modified - Absence of any documentary proof of income of deceased, Claims Tribunal ought to have taken minimum wages as income of deceased - Compensation awarded by Cla....
The court established that compensation must be assessed based on accurate income calculations and relevant legal precedents, ensuring just compensation.
The court held that future prospects must be factored into compensation calculation, ensuring realistic assessments based on minimum wages.
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