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JASPREET SINGH
Raj Kumari – Appellant
Versus
Nideshak Balrampur Chinni Mill Limited – Respondent
ORDER
Jaspreet Singh, J.
Heard Shri Deepak Kumar Agarwal, learned counsel for the appellants, Shri Asit Srivastava, learned counsel for the respondent No.2 as well as Ms. Sujata Srivatava, holding brief of Shri Nilish Anand, learned counsel for the respondent No.1.
2. The instant appeal for enhancement of the awarded sum has been preferred under section 173 of the MOTOR VEHICLES ACT , 1988 against the judgment and award dated 15.10.2005 passed by the Motor Accident Claims Tribunal, Sitapur in C.P. No.157 of 2004 (Smt. Raj Kumari and another v. Nideshak, Balrampur Chinni Mill and another), wherein a sum of Rs.84,500/- along with 6% interest per annum was awarded in favour of the claimants-appellants.
3. Shri Deepak Kumar Agarwal, learned counsel for the appellants while assailing the impugned award submits that the Tribunal has awarded a meagre sum inasmuch as a 22 years old person had died though there was ample evidence to indicate that he was plying a rickshaw and was earning about Rs.5,000/- per month, yet a notional income has been taken by the Tribunal as Rs.15,000/- per annum, which is on the lower side. It is further submitted that even otherwise if notional income was to be t
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 main legal point established is the correct determination of notional income, application of the appropriate multiplier, and awarding compensation for future prospects in motor accident claims ca....
The main legal point established in the judgment is the determination of the quantum of compensation in a motor accident case, including the calculation of the deceased's income, future loss of incom....
The correct multiplier for compensation should be based on the deceased's age, not that of the parents, affecting total compensation calculations.
The court established that actual income evidence must be prioritized over notional income in compensation claims under the Motor Vehicle Act.
The appropriate multiplier for compensation in motor accident claims should be based on the deceased's age, with additional allowances for future prospects and non-pecuniary damages.
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