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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Shriram General Insurance Company Limited – Appellant
Versus
Rukmi Devi – Respondent
JUDGMENT :
Sushil Kukreja, J.
1. The instant appeal is maintained by the appellant/Shriram General Insurance Company (hereinafter referred to as “the appellant”), under Section 173 of the MOTOR VEHICLES ACT (for short “the Act”), against the award dated 02.06.2015, passed by the learned Motor Accident Claims Tribunal-II, Sirmaur District at Nahan, H.P. in MAC Petition No.23-N/2 of 2010, with a prayer to quash and set aside the same.
2. Briefly facts of the case, giving rise to present appeal, are that the claimants/petitioners (respondents No.1 & 2 herein and hereinafter referred to as the petitioners) filed a claim petition under Section 166 of the Act before the Tribunal below, whereby they sought compensation to the tune of rupees five lacs on account of death of Kumari Pooja, who was daughter of petitioner No.1-Rukmi Devi and sister of petitioner No.2-Master Ankur. As per the petitioners, deceased Kumari Pooja died in a motor accident on 21.07.2009 involving truck bearing registration No.HP-17B-4052, near place Naligaar in between village Kafota and Tillordhar, Tehsil Paonta Sahib, District Sirmaur, HP. It was further averred that on 21.07.2009 when the deceased alongwith Ripu
The assessment of compensation must ensure fairness and reasonableness while considering income, future prospects, and applying the appropriate multiplier based on the deceased's age.
Compensation for motor vehicle accident must accurately factor in deceased's income, dependency needs, and established legal standards for future earnings and expense deductions.
Tribunals may rely on unrebutted testimony for income and age in accident claims; compensation calculated using one-third deduction, age-based multiplier per Sarla Verma and Pranay Sethi, without fut....
Point of Law : No compensation can be awarded under head ‘loss of love and affection’.
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