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IN THE HIGH COURT OF JHARKHAND AT RANCHI
MR. JUSTICE GAUTAM KUMAR CHOUDHARY, J
Maheshwari Devi, W/o Late Kishun Ram – Appellant
Versus
Satpal Singh, S/o Mohan Singh – Respondent
ORDER :
GAUTAM KUMAR CHOUDHARY, J.
1. The claimants are an appeal for enhancement of compensation awarded under Section 166 of the Motor Vehicle Act in Claim Case No.71 of 2009.
2. The facts are not in dispute and mainly the computation of compensation by the Tribunal is under challenge.
3. It is submitted by learned counsel appearing on behalf of the claimants-appellants that the deceased as per the claim application was working as a driver of the truck and was having a monthly income of Rs. 9,000/-. It is also submitted that mother of the deceased (C.W.2) has specifically stated that the deceased was earning Rs. 9,000/- per month, despite this the Tribunal has computed compensation by taking Rs. 5,000/- per month. Further, the age of the deceased to be 55 years has been taken as assessed in the post-mortem examination report, whereas the witnesses have stated the age to be 45 years. Since the dependents were six in number, therefore, deduction under the head of living and personal expense of the deceased should have been 1/4th, but the Tribunal has taken it to be 1/3rd and under the conventional head, total sum of Rs. 30,000/- has been awarded.
4. Learned counsel appearing on behalf o
The court affirmed the Tribunal's compensation calculations, highlighting the need for documentary evidence in establishing income and age, resulting in a total compensation of Rs. 6,28,500/-.
The calculation of compensation under the Motor Vehicles Act, 1988 is based on the deceased's actual income, future prospects, and multiplier as per relevant case laws.
The court established that minimum wage serves as the basis for calculating compensation, future prospects must be included, and the appropriate multiplier reflects the deceased's age.
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