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P. V. KUNHIKRISHNAN
Kunjumon, S/o Late Chacko – Appellant
Versus
Prince, S/o Peethambaran – Respondent
JUDGMENT :
This appeal is filed against the award dated 12.07.2016 in OP(MV) No.301/2010 on the file of the Motor Accidents Claims Tribunal, Alappuzha. Appellants are the legal heirs of deceased Anilkumar, who died in a motor accident.
2. Short facts are like this:
On 01/11/2009 at about 5.30 pm, while deceased Ajimon was travelling in KL-4/U-7765 autorickshaw driven by the 1st respondent, through Pottikavala – Manaveli road, another autorickshaw came from the side road, and on seeing that the 1st respondent rashly and negligently applied sudden brake, and the autorickshaw skidded and capsized. Sri.Ajimon was thrown out to the road, and he sustained grievous injuries including fracture to skull. Even though he was taken to the hospital, he succumbed to the injuries on 03.11.2009. The claim petition is filed claiming compensation to the tune of Rs.17,00,000/-.
3. To substantiate the case, Exts.A1 to A11 were marked. One witness was examined on the side of the claimant as PW1. After going through the evidence and the documents, the tribunal fixed the compensation as Rs.14,22,150/-. Dissatisfied with the quantum of compensation, this appeal is filed.
4. Heard the counsel for the appellants
The court reaffirmed the principles for calculating compensation for loss of dependency, ensuring future income prospects and correct multipliers are applied.
Assessment of compensation in motor accident claims should consider the deceased's income, dependency of surviving family members, and entitlement to future prospects and additional compensation unde....
The court held that compensation must accurately reflect the victim's income and future prospects, allowing an enhanced amount based on adjusted notional income and established legal principles.
Court clarified the dependency criteria for compensation in fatal accidents, emphasizing bereaved family members' rights under social welfare legislation.
Determination of compensation in fatal accident claims based on income and dependencies established under relevant case law.
There is every requirement to award future prospects. As per the said decision, having regard to the age of the deceased as 25 years as on the date of accident and as he was self-employed, 40% of the....
The court's decision emphasized the importance of accurately determining the deceased's income for calculating compensation, relying on bank statements and considering fluctuations and deductions.
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