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IN THE HIGH COURT OF JHARKHAND, RANCHI
Mr. Justice Sanjay Kumar Dwivedi, J
Jagrani Baxla Wife Of Late Santosh Toppo – Appellant
Versus
Mast. Aksh Aryok Toppo Son Of Late Santosh Toppo – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard learned counsel appearing for the appellants and learned counsel appearing for the Insurance Company.
2. This appeal is preferred against the judgment and award dated 04.07.2023 passed by learned Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi passed in Motor Accident Claim Case No.60 of 2018 whereby the award has been made in favour of the appellants.
3. Mr. Arvind Kumar Lall, learned counsel appearing for the appellants submits that the appellants are the claimants and the present appeal has been preferred for enhancement of the claim. He submits that the income of the deceased was wrongly calculated by the learned Court and under the consortium head meagre amount has been allowed. He submits that there are four dependents and in view of that all are required to be provided Rs.40,000/- each. He further submits that in light of the judgment of Hon’ble Supreme Court in the case of National Insurance Company Limited versus Pranay Shetty and Others reported in (2017) 16 SCC 680 the consortium and funeral expenses are required to be enhanced @ 10% in every three years. He submits in view of that at least twice the said amount i
The court upheld the calculation of the deceased's income based on minimum wages and affirmed the award for consortium and funeral expenses, referencing Supreme Court guidelines on conventional rates....
The court upheld the Tribunal's income assessment based on minimum wages due to lack of evidence for higher claims and awarded enhanced compensation for loss of consortium.
The court recalculated compensation based on the deceased's potential earnings as a Mason, enhancing the total compensation awarded to Rs.11,82,312/- with interest.
The main legal point established is the importance of assessing 'just and fair' compensation under the Motor Vehicles Act, 1988, Section 168, based on income tax returns and legal precedents.
The main legal point established in the judgment is the proper assessment of compensation in motor vehicle accident cases, considering factors such as loss of dependency, loss of consortium, and fune....
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