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JASPREET SINGH
Sarojni Devi – Appellant
Versus
Area Manager Upsrtc Faizabad – Respondent
JUDGMENT
Jaspreet Singh, J.
Heard Shri Faizal Hasmi holding brief of Shri Mukesh Singh, learned counsel for the appellants and Mrs. Pooja Arora, learned counsel for the respondents Insurance Company.
2. The instant appeal has been preferred under section 173 of the MOTOR VEHICLES ACT , 1988 against the judgment and award dated 11.10.2010 passed by M.A.C.T./Additional District Judge, Faizabad (now Ayodhya) in C.P. No.188/2008, whereby the Tribunal has awarded a sum of Rs.2,55,000/- along with 6% interest from the date of application till date of actual payment of the awarded amount.
3. While assailing the said award for enhancement, learned counsel for the appellants has submitted that the Tribunal has committed an error in failing to notice that the deceased was merely 22 years of age. However, while adopting the multiplier, the age of the parents has been considered which is not in accordance with the settled legal principles.
4. It is also urged that the income has been taken to be on lower side as Rs.2,400/- per month whereas the minimum notional income ought to have been taken at Rs.3,000/- per month. Moreover, the future prospects have not been factored while granting the compe
The correct multiplier for compensation should be based on the deceased's age, not that of the parents, affecting total compensation calculations.
Accident claim - Multiplier to be used should be as provided in column 4 of the judgment. Multiplier prescribed for the age group of 21-25 years is 18.
The appropriate income, future prospects, and multiplier for calculating compensation under the Motor Vehicles Act were determined based on legal principles established in previous cases.
The court established that compensation for minors must reflect notional income and apply appropriate multipliers, ensuring just compensation for loss of dependency.
The court redefined the deceased's age for compensation calculation from 38 to 46 years and adjusted future earnings based on appropriate deductions, ultimately revising the compensation awarded by t....
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