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VIPIN CHANDRA DIXIT
Sabra – Appellant
Versus
Kallu Singh – Respondent
JUDGMENT
Vipin Chandra Dixit, J.
Heard Sri. Vidya Kant Shukla, learned counsel for appellants, Sri. Rahul Sahai, learned counsel for respondent no.2 Insurance Company and perused the record. No one is present on behalf of respondent no.1.
2. The present first appeal from order has been filed by the claimants-appellants for enhancement of compensation against the judgment and award dated 16.07.2011 passed by learned Additional District Judge, Court No.14/Motor Accident Claims Tribunal, Kanpur Nagar in M.A.C.P. No.860 of 2010 (Smt. Sabra and others v. Sri. Kallu Singh and another), by which compensation of Rs. 1,52,000/- along with 6% interest has been awarded in favour of claimants-appellants on account of death of Mohd. Hafiz alias Bhura aged about 26 years.
3. It is submitted by learned counsel for claimants-appellants that the claimants-appellants had fully proved the income of the deceased as Rs. 12,000/- per month by plying horse cart and there was no evidence in rebuttal by the respondents and the Claims Tribunal has erred in calculating the compensation accepting Rs. 15,000/- per annum as notional income of the deceased. It is further submitted that age of the deceased was 26 y
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 proper income assessment and application of the correct multiplier are essential for determining just compensation in motor accident claims.
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 court established that future prospects must be included in compensation calculations, adjusting the notional income and multiplier accordingly.
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.
Compensation calculations in motor accident claims must include allowances and future prospects, with appropriate multipliers based on the deceased's age.
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....
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