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VIPIN CHANDRA DIXIT
Radhika Singh – Appellant
Versus
Rajiv Gupta – Respondent
JUDGMENT
Vipin Chandra Dixit, J.
Heard Sri. Nigmendra Shukla, learned counsel for claimantsappellants and Sri. Ajay Singh, learned counsel appearing for respondent No.2-Insurance Company. No one is present for respondent no.1. Perused the record.
2. This FAFO has been filed by the appellants for enhancement of compensation against the judgment and award dated 14.1.2009 passed by Additional District Judge, Court No.5, Bulandshahr in MACP No. 85 of 2003(Km. Radhika Singh and others v. Rajeev Gupta and another), by which compensation of Rs. 50,000/- alongwith 7% interest has been awarded in favour of claimants-appellants.
3. It is submitted by learned counsel for the appellants that very meagre amount of compensation has been awarded by the Claims Tribunal. The Claims Tribunal has awarded only Rs. 50,000/- on the ground that claimant no. 1 is married daughter of the deceased and claimant no.2 is major son of the deceased and they are not entitled for any compensation. It is further submitted that admittedly, the claimant no.1 Radhika Singh was unmarried at the time of death of her mother in the road accident and the Claims Tribunal has committed gross illegality in awarding only Rs. 50,
Legal heirs are entitled to compensation under the Motor Vehicles Act regardless of their dependency status at the time of the accident.
The assessment of notional income, future prospects, and various heads of compensation under the Motor Vehicles Act influenced the court's decision to modify the judgment of the Claims Tribunal.
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 main legal point established is the entitlement of legal representatives to claim compensation under Section 166 of the Motor Vehicles Act, 1988, irrespective of dependency.
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