Back
NAVIN CHAWLA
Ram Rati – Appellant
Versus
United India Insurance Co. Ltd. – Respondent
JUDGMENT
Navin Chawla, J. (Oral)
1. This appeal has been filed by the appellants challenging the Award dated 05.04.2019 passed by the learned Motor Accidents Claims Tribunal, South East District, Saket Court, New Delhi in MACT No.985/2017 (hereinafter referred to as the `Tribunal') awarding compensation of Rs.14,69,208/- to the appellants/claimants, along with the interest @ 9% per annum from the date of the filing of the Claim Petition till its realization.
2. The limited challenge of the appellants is to the assessment of compensation by the learned Tribunal towards financial loss for the family. The learned Tribunal has observed that as the deceased was not earning at the time of the accident, his income will be assessed based on the minimum wages in Haryana for a graduate (Technical) at the time of the accident, which was Rs.9,518/- per month.
3. The first ground of challenge of the appellants to the Impugned Award is on the assessment of the notional income of the deceased.
4. The learned counsel for the appellants submits that the deceased had completed his Bachelor of Technology (Mechanical Engineering) from the Maharshi Dayanand University, Rohtak (hereinafter referred
(1) Death in motor accident – Objective of awarding compensation is to ensure “just and reasonable compensation” to victim or dependants of deceased.(2) Notional income of engineering student cannot ....
Compensation for wrongful death must consider educational qualifications and future earning potential over minimum wage assessments, ensuring fairness and reasonableness in calculations.
The court upheld the Tribunal's compensation award, emphasizing the importance of considering future earning potential and just compensation principles for qualified individuals in motor accident cas....
Courts must assess compensation for accident victims based on realistic evaluation of their potential earnings and educational background, rather than just minimum wage standards.
(1) Strict rules of evidence as applicable in a criminal trial, are not applicable in motor accident compensation cases.(2) Death in motor accident – Salary certificate and pay slip are conclusive pr....
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
