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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
A.Y. KOGJE, N.S. SANJAY GOWDA
New India Assurance Company Limited – Appellant
Versus
LHR of Decd Shivdasbhai Baburao Khandare – Respondent
| Table of Content |
|---|
| 1. case relates to a compensation claim for a fatal accident involving an eicher truck. (Para 1 , 2) |
| 2. dispute over compensation calculations and income assessments presented by both parties. (Para 3) |
| 3. tribunal's assessment of income deemed excessive; referential frameworks discussed. (Para 6 , 8) |
| 4. court identifies flaws in income calculation methodology, reinforcing claims for proper assessment. (Para 9 , 11 , 12) |
| 5. final calculation and award adjustment based on legal benchmarks and prior judgments. (Para 15 , 17) |
JUDGMENT :
1. This appeal is preferred by the insurance company- original opponent No.2-insurer of the Eicher Truck No. MH-14-TCF-788 against the judgment and award dated 11.10.2019 passed by the Motor Accident Claims Tribunal) in Motor Accident Claim Petition No.28 of 2012.
3. Appeal came to be admitted by an order dated 28.10.2020 and this Court by an order dated 28.10.2020 was pleased to allow the Civil Application making necessary order of deposit and disbursement while staying the implementation and operation of the impugned judgment and award. By an order dated 23.08.2022, record and proceedings were called for.
5. Learned advocate for the appellant
The court ruled on proper income assessment and multiplier application for calculating compensation in fatal accident claims.
Court modified compensation due to miscalculation of income and incorrect application of multiplier, reinforcing the need for accurate assessment in motor accident claims.
The main legal point established in the judgment is the assessment of just compensation under Section 166 of the Motor Vehicles Act, 1988, considering the deceased's income and other relevant factors....
Point of Law : No compensation can be awarded under head ‘loss of love and affection’.
Compensation for motor vehicle accident must accurately factor in deceased's income, dependency needs, and established legal standards for future earnings and expense deductions.
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