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VIPIN CHANDRA DIXIT
Rekha Verma – Appellant
Versus
Mithlesh Kumari – Respondent
JUDGMENT
Vipin Chandra Dixit, J.
Heard Sri. Vidya Kant Shukla, learned counsel for appellants, learned counsel appearing on behalf of respondent no.2 Insurance Company and perused the record. No one is present on behalf of respondent nos.1 & 3.
2. This first appeal from order has been filed by the appellants-claimants for enhancement of compensation against the judgment and award dated 16.11.2015 passed by Additional District Judge, Court No.5/Motor Accident Claims Tribunal, Kanpur Nagar in M.A.C.P. No.422 of 2013 (Smt. Rekha Verma and another v. Smt. Mithlesh Kumari and others), by which compensation of Rs. 2,62,000/- along with 7% interest has been awarded in favour of appellants-claimants and the entire liability has been fixed upon the respondent no.2 Insurance Company.
3. It is submitted by learned counsel for the appellants that claimants had fully proved that the deceased was engaged as Mason (Rajmistri) and had earned Rs. 300/- per day. The claimant-appellant no.1, who is wife of deceased was appeared as P.W.-1 before the Claims Tribunal and has stated in her statement that her husband was a Mason having income of Rs. 300/- per day and the Claims Tribunal has erred in disbeli
The court established that proper income assessment and application of the correct multiplier are essential for determining just compensation in motor accident claims.
The court established that minimum wage serves as the basis for calculating compensation, future prospects must be included, and the appropriate multiplier reflects the deceased's age.
The court established that future prospects must be included in compensation calculations, adjusting the notional income and multiplier accordingly.
The court established that compensation for death in a motor accident must consider proper income assessment, future prospects, and appropriate deductions based on dependents, leading to an enhanced ....
Compensation for death in motor accidents must include future prospects and non-pecuniary damages, with the multiplier adjusted based on the deceased's age.
The judgment established the methodology for calculating compensation in motor vehicle accident cases, emphasizing income assessment, deductions, and multipliers based on Supreme Court precedents.
Compensation calculations in motor accident claims must include allowances and future prospects, with appropriate multipliers based on the deceased's age.
Future income prospects must be considered in compensation calculations, and the appropriate multiplier should reflect the deceased's age and established legal guidelines.
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