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ALKA SARIN
United India Insurance Co. Ltd. – Appellant
Versus
Darshana – Respondent
JUDGMENT :
Alka Sarin, J.
1. The present order shall dispose of both the above-captioned appeals. The parties are being referred to as Insurance Company, claimants and owner-cum-driver of the offending vehicle for the sake of clarity. FAO-3702-2017 has been filed by the Insurance Company and FAO-7573-2017 has been filed by the claimants aggrieved by the impugned award dated 07.02.2017 passed by the Motor Accident Claims Tribunal, Fatehabad (hereinafter referred to as ‘Tribunal’) in a motor vehicle accident which occurred on 27.09.2014.
2. Since the factum of the accident is not in dispute, the facts are not being adverted to for the sake of brevity.
3. The Tribunal in the present case had awarded the following compensation:
| S. No. | Heads | Compensation Awarded |
| 1 | Monthly income | Rs. 6,000/- |
| 2 | 50% future prospects [Rs. 6,000 + 3,000] | Rs. 9,000/- |
| 3 | 50% deduction [Rs. 9,000 - 4,500] | Rs. 4,500/- |
| 4 | Multiplier of 18 [Rs. 4,500 x 12 x 18] | Rs. 9,72,000/- |
| 5 | Funeral expenses | Rs. 28,000/- |
| 6 | Love and affection | Rs. 1,00,000/- |
| 7 | Medical bills | Rs. 50,000/- |
|
| Total | |
The court established that compensation for a deceased minor must reflect proper notional income assessments based on relevant case law, necessitating a revision from initial figures.
Income assessment for compensation must reflect realistic estimates, not merely minimum wage, ensuring just compensation based on evidence and established legal principles.
The main legal point established in the judgment is the reliance on oral testimony to determine the deceased's income and the application of established legal principles to modify the compensation am....
The court concluded that minimum wage standards guide but must not constrain just compensation in motor vehicle accidents, allowing for comprehensive income assessments.
The main legal point established in the judgment is the determination of compensation in motor accident claims, considering factors such as negligence, income of the deceased, number of dependents, a....
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