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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
REKHA BORANA
Champa Devi W/o Lt. Sh. Prabhuram – Appellant
Versus
Ashok Bhai Dabariya S/o Sh. Arjun Bhai – Respondent
ORDER :
Rekha Borana, J.
1. The present misc. appeal has been preferred by the appellants-claimants seeking enhancement of the compensation amount awarded vide judgment/award dated 01.02.2024 passed by the Motor Accident Claims Tribunal (ADJ) Pindwara, District Sirohi in MAC Case No. 386/2022 (180/2017) (CIS No. 386/2022).
The learned Tribunal, vide impugned judgment/award dated 01.02.2024 awarded a sum of Rs.7,76,100/- in favour of the claimants alongwith interest @6% per annum from the date of filing of the claim petition.
2. Brief facts as pleaded in the claim petition are that on 23.03.2017, Prabhuram Meghwal was en route from Bamanwada to Pindwara, on his motorcycle bearing registration no. RJ-38-SA- 7020. At approximately 3:00 PM, upon reaching Sarhad Jhankar, a Toyota car bearing registration no. GJ-01-RB-1168, being driven rashly and negligently, collided with Prabhuram's motorcycle from behind, resulting in an accident. Unfortunately, Prabhuram succumbed to the injuries sustained in the incident. FIR No. 101/2017 pertaining to the accident was lodged at Police Station Pindwara.
The offending vehicle, on the date of accident, was insured with respondent No.2 – Insurance Company.
Compensation for motor accident claims must reflect actual income and future prospects, applying appropriate multipliers as established in case law.
Compensation calculations in motor accident claims must include allowances and future prospects, with appropriate multipliers based on the deceased's age.
Future income prospects must be considered in compensation calculations, and the appropriate multiplier should reflect the deceased's age and established legal guidelines.
The court established that compensation for a deceased must consider the age-based multiplier and future prospects, enhancing the total amount awarded.
The court ruled that future prospects must be considered in compensation calculations, leading to an enhanced award for the claimants.
The appropriate income, future prospects, and multiplier for calculating compensation under the Motor Vehicles Act were determined based on legal principles established in previous cases.
The court established that actual income evidence must be prioritized over notional income in compensation claims under the Motor Vehicle Act.
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