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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Meera Devi – Appellant
Versus
Jagdish Chand – Respondent
JUDGMENT :
SUSHIL KUKREJA, J.
1. The instant appeal has been maintained by appellants, who were petitioners/claimants before the learned Court below (hereinafter referred to as “the claimants”) under Section 173 of the Motor Vehicles Act, 1988 (for short ‘The Act’) against impugned award, dated 03.08.2013, passed by learned Motor Accident Claims Tribunal-I, Solan, District Solan, H.P. (hereinafter referred to as “the learned Tribunal”), whereby MAC Petition No. 44-S/2 of 2010, filed by the petitioners-claimants, under Section 166 of the Act, was allowed and they were held entitled for compensation of Rs.7,45,000/- alongwith pending and future interest @ 7% per annum from the date of filing of the petition till final realization of the amount and respondent No. 2-ICICI Lombard Insurance Company Ltd. (respondent No. 2 herein) was saddled with the liability to pay the amount of compensation.
2. The brief facts of the case are that the petitioners-claimants, i.e., Smt. Meera Devi and Shri Hari Krishan, who were parents of the deceased Surender Alias Rommy, preferred a claim petition under Section 166 of the Act seeking compensation on account of death of their son- Surender @ Rommy, who
The court established that the compensation for death in a motor accident must accurately reflect the deceased's potential future income, utilizing the appropriate multiplier based on age rather than....
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.
The main legal point established in the judgment is the application of Rule 220-A(3) of the Rules of 1998 for determining future prospects and the use of the multiplier as per the Second Schedule to ....
Point of Law : Compensation on account of loss of love and affection is not permissible but compensation on account of spousal and parental consortium for children is admissible.
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