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ANIL KUMAR CHOUDHARY
Kuldip Gagrai, Son of Sonaram Gagrai – Appellant
Versus
Subhnath Laguri, S/O. Gono Laguri – Respondent
JUDGMENT :
Heard the parties.
2. This appeal has been preferred against the Judgment and Award dated 06.06.2009 passed in Compensation Case No.71 of 2004 by the learned Additional District Judge-II-cum-M.V.A.C.T. at Chaibasa whereby and where under the learned tribunal has awarded a total sum of Rs.3,89,000/- towards compensation in favour of the claimants/ appellants and deducted Rs.50,000/- which was paid under Section 140 of the Motor Vehicle Act and directed payment of remaining compensation amount i.e. Rs.3,39,000/- to the claimants/appellants by the Opposite Party No.3- Insurance Company.
3. The brief fact of this case is that the deceased- Basanti Gagrai was travelling by a bus which was rashly and negligently driven in excessive speed on 01.01.2004. The said bus met with an accident by which the deceased sustained fatal injuries. It is stated that the deceased was a brilliant student and she passed Secondary School Examination in the year 1995. The deceased was 23 years of age at the time of her death and it is stated that her monthly income was Rs.4,500/- approximately which she was earning by working as a Teacher in Shiksha Pariyojana School and was also giving private tuiti
Court determined that the compensation for deceased must reflect her academic merit and future earnings potential, thereby enhancing the award significantly.
THE TRIBUNALS ARE EXPECTED TO MAKE AN AWARD BY DETERMINING THE AMOUNT OF COMPENSATION WHICH SHOULD APPEAR TO BE JUST AND PROPER, EVEN IF IT IS IN EXCESS OF THE AMOUNT CLAIMED.
The court established that just compensation can be awarded based on the multiplier method, and it can enhance compensation even without an appeal from the claimants.
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