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JASPREET SINGH
Arjun Singh – Appellant
Versus
Siyaram – Respondent
JUDGMENT
Jaspreet Singh, J.
The instant appeal has been filed by the claimants under Section 173 of the MOTOR VEHICLES ACT assailing the award dated 06.01.2012 whereby in C.P. No.162 of 2010, in a death case, the Tribunal awarded a sum of 2,62,000/- alongwith 6% interest per annum which was payable by the Insurance Company.
2. Learned counsel for the appellants has primarily submitted that the Tribunal erred in adopting the multiplier on the basis of the age of the father of the deceased rather the multiplier should have been on the age of the deceased. It is further urged that neither any amount has been awarded towards future prospects nor the appropriate amount has been granted under the conventional heads.
3. It is further submitted that it was stated that the deceased was engaged in the business of selling milk and was able to earn 6000/- per month but the Tribunal has erred in taking the income of the deceased as 2500/- which was completely incorrect. It is thus urged that for the aforesaid reason, the appellants are entitled to an enhanced sum as to be determined by this Court.
4. Shri. Dinesh Kumar, learned counsel for the respondent no.3 submits that the Tribunal consideri
The correct multiplier for compensation should be based on the deceased's age, not that of the parents, affecting total compensation calculations.
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 main legal point established in the judgment is that the deceased's actual income and age should be considered for applying the multiplier in motor accident compensation cases, as per the Supreme....
Multiplier has to be determined o the basis of age of the deceased and not his mother.
Point of law: The Tribunal had awarded interest at the rate of 12% p.a. but the same had been too high a rate in comparison to what is ordinarily envisaged in these matters. The High Court, after mak....
The age of the deceased should be considered for the multiplier calculation, and claimants can be entitled to compensation even if not specifically pleaded.
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