ALKA SARIN
Krishan Kumar – Appellant
Versus
Mahadev Krishan Kant – Respondent
JUDGMENT
Mrs. Alka Sarin, J. (Oral)
The present appeal has been preferred by the claimant-appellant aggrieved by the quantum of compensation awarded by the Motor Accident Claims Tribunal, Hisar vide award dated 21.12.2011.
2. Since the facts, as recorded in the impugned award passed by the Tribunal, are not in dispute, the same are not being reproduced herein for the sake of brevity.
3. The Tribunal in the present case had awarded the following compensation :
| Sr. No. | Heads | Compensation Awarded |
| 1 | Monthly income | Rs. 5,000/- |
| 2 | Annual income | [Rs. 5,000 x 12] = Rs. 60,000/- |
| 3 | Deduction - 50% | [Rs. 60,000 - 30,000] = Rs. 30,000/- |
| 4 | Multiplier of 14 | [Rs. 30,000 x 14] = Rs. 4,20,000/- |
| 5 | Transportation and Last Rites | Rs. 15,000/- |
| 6 | Loss of love and affection | Rs. 50,000/- |
| Total Compensation | Rs. 4,85,000/- | |
| Interest | 6% per annum |
4. Learned counsel for the claimant-appellant would contend that though the Tribunal has rightly assessed the income of the deceased as Rs. 5,000/- per month and has also correctly applied a deduction of 50%, however, a multiplier of 14 has wrongly been applied by the Tribunal, which ought to have b
Magma General Insurance Company Limited v. Nanu Ram alias Chuhru Ram
N. Jayasree v. Cholamandalam M.S General Insurance Company Ltd.
The court established that compensation calculations must accurately reflect the deceased's age and include future prospects, modifying the award to Rs. 8,40,000/-.
The court established that the multiplier for compensation must reflect the deceased's age and future earning potential, ensuring all relevant compensation heads are adequately addressed.
The court established that compensation for loss of dependency must consider minimum wages, future prospects, and appropriate multipliers, ensuring just compensation for claimants.
Assessment of compensation must consider all reliable income evidence, and tribunals should not dismiss documented proofs due to inadequate accompanying documents.
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