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REKHA BORANA
Vidhya Devi W/o Late Shri Sunil Kumar – Appellant
Versus
Prithvi Singh Gehlot S/o Shri Bhanwar Lal Ji – Respondent
ORDER :
1. The present misc. appeal has been filed by the appellants-claimants seeking enhancement of the compensation amount awarded vide judgment and award dated 04.10.2023 passed by the Motor Accident Claims Tribunal, Jodhpur Metropolitan in MAC Case No. 400/2014 (N.C.V. No. 3154/2014).
The learned Tribunal, vide impugned judgment dated 04.10.2023 awarded a sum of Rs.9,36,712/- (after adjusting the amount of Rs.50,000/- awarded vide interim relief) in favour of the claimants along with interest @6% per annum from the date of filing of claim petition i.e. 01.08.2013.
2. Brief facts as pleaded in the claim petition are that on 29.06.2013, Sunil Kumar was driving his Hero Puch bearing registration no. RJ 19 15M 0673 while going from Sangaria to village Biratiya. He was driving slowly and within the speed limit in the correct lane when a Bolero camper bearing registration no. RJ 19 GC 3334 being driven negligently and rashly on the wrong side of the lane, hit his vehicle. Unfortunately, due to this accident, Sunil Kumar sustained injuries and was taken to M.D.M Hospital where he was declared dead by the doctors.
The offending vehicle, on the date of accident, was insured with respondent
The court recalculated compensation based on the deceased's potential earnings as a Mason, enhancing the total compensation awarded to Rs.11,82,312/- with interest.
The court ruled that future prospects must be considered in compensation calculations, leading to an enhanced award for the claimants.
The court determined that actual income of the deceased as a driver should be considered for compensation, overriding minimum wage assumptions, and affirmed the entitlement of all dependents to loss ....
Future income prospects must be considered in compensation calculations, and the appropriate multiplier should reflect the deceased's age and established legal guidelines.
Compensation for loss of income must consider future prospects and dependents, adjusting awarded amounts accordingly under established principles.
The court upheld the Tribunal's income assessment based on minimum wages due to lack of evidence for higher claims and awarded enhanced compensation for loss of consortium.
The court ruled that future prospects must be considered in compensation calculations, applying a multiplier based on the deceased's age.
The court established that compensation calculations must accurately reflect the deceased's income and the claimants' losses, adhering to statutory guidelines.
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