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NARENDRA SINGH DHADDHA
United India Insurance Company – Appellant
Versus
Laxman Singh – Respondent
ORDER
1. Instant appeal has been preferred by the appellantInsurance Company against the judgment and award dated 21.07.2022 passed by learned Motor Accident Claims Tribunal No.3, Kotputli (hereinafter referred to as 'the Tribunal'), District Jaipur in Motor Claim Case No.167/2022 whereby an amount Rs.8,93,284/- was awarded as a compensation in favour of the claimants-respondents, due to an accident which occurred on 03.11.2014.
2. The Tribunal on the basis of the pleading of the parties, framed the issues and evaluated the evidence on record. After hearing counsel for the parties, decided the claim petition of the claimants-respondents and awarded compensation to the tune of Rs.8,93,284/- under various heads in favour of the claimants-respondents.
3. Learned counsel for the appellant-insurance Company submits that the Tribunal has not deducted the personal expenses of the deceased while computing the income of the deceased. So, the judgment of the Tribunal be modified accordingly.
4. Learned counsel for the respondents has no objection regarding deduction of the personal expenses of the deceased.
5. I have considered the arguments advanced by learned counsel for the appellant-Insurance
Compensation in motor accident claims must accurately reflect the net income of the deceased by deducting personal expenses to ensure fairness in the award.
The court established that minimum wage serves as the basis for calculating compensation, future prospects must be included, and the appropriate multiplier reflects the deceased's age.
The insurance company is liable to pay compensation in motor accident claims, even if it can recover the amount from the vehicle's owner and driver.
Compensation assessment must follow principles of fairness and equity, taking into account the date of the accident and dependents' status.
The court emphasized that compensation must be just and fair, with standard deductions for personal expenses set at 50% for bachelors unless proven otherwise.
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....
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