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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DR. JUSTICE NUPUR BHATI, J
Geeta – Appellant
Versus
Jagdish – Respondent
JUDGMENT :
NUPUR BHATI, J.
1. The instant civil misc. appeal has been filed by the appellants-claimants under Section 173 of the Motor Vehicles Act, 1988 (‘the Act’) challenging the judgment and award dated 19.08.2011 passed by learned Motor Accident Claims Tribunal, Falodi, Jodhpur (‘learned tribunal’) in MAC. No.06/2011 whereby the learned tribunal has partly allowed the claim petition filed by the appellants-claimants and awarded compensation to the tune of Rs.5,71,068/- along with interest @6% from the date of filing of the claim petition.
2. Briefly stated the facts of the case are that on 13.11.2010 the driver of the Tanker bearing registration no.RJ19 IG 5314 dashed into Mangilal, who was riding his bike on the correct side of the road. As a result of the accident Mangilal suffered injuries and ultimately met his demise during the course of treatment in the hospital. Subsequently, a claim petition was filed by the appellants-claimants under Section 166 read with Section 140 of the Act before the learned tribunal seeking compensation on account of death of Mangilal (‘the deceased’). The respondent no.3-insurance company filed reply to the claim petition denying the averments mad
Compensation for death in a motor accident must consider the deceased's potential income and appropriate deductions based on dependents, rather than relying solely on minimum wage assessments.
Income assessment for compensation must reflect realistic estimates, not merely minimum wage, ensuring just compensation based on evidence and established legal principles.
The court established that compensation must be assessed based on accurate income calculations and relevant legal precedents, ensuring just compensation.
In absence of documentary proof, minimum wage notifications serve as a basis for income assessment in compensation claims.
The court clarified the method for calculating compensation, emphasizing the need to consider future prospects and proper deductions for personal expenses.
Compensation assessments in fatal accident claims should accurately reflect the deceased's potential income based on profession and standing, not merely reliance on notional income standards.
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