Kamlesh vs Rajendra Kumar - 2023 Supreme(All) 2350

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 2350

K. J. THAKER
Kamlesh – Appellant
Versus
Rajendra Kumar – Respondent

Advocates appeared:
For the Appellant : Y.S. Bohra.
For the Respondent: Arvind Kumar, Anubhav Sinha.

Table of Content
1. background on accident and compensation amount. (Para 2 , 4)
2. arguments on income assessment and multiplier application. (Para 5 , 6)
3. court's assessment on compensation and interest rate. (Para 7 , 8 , 9)
4. conclusion on appeal and acknowledgement of counsel. (Para 10 , 15)
5. guidelines on interest deduction and investment orders. (Para 11 , 12 , 13 , 14)

JUDGMENT

Dr. Kaushal Jayendra Thaker, J.

Heard Sri Y.S. Bohra, learned counsel for the appellant, Sri Anubhav Sinha, learned counsel for respondent - insurance company and perused the judgment and order impugned. None appears for owner.

2. This appeal, at the behest of the claimant, challenges the judgment and award dated 11.05.1994 passed by the Motor Accident Claims Tribunal/Additional District Judge, Bulandshahr (hereinafter referred to as 'Tribunal') in M.A.C.P No.29 of 1984 awarding a sum of Rs.85,000/- as compensation with interest at the rate of 12%.

3. The accident is not in dispute. The issue of negligence decided by the Tribunal is also not in dispute. The only issue to be decided is the quantum of compensation awarded.

4. The accident took place on 08.07.1984. The deceased was 27 years of age and was