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VIPIN CHANDRA DIXIT
Mohini Thapa – Appellant
Versus
Manager /Principle Officer U. P. S. R. T. C. – Respondent
JUDGMENT
Vipin Chandra Dixit, J.
Heard Sri. Shreesh Srivastava, learned counsel for the appellants, Sri. Vipin Kumar Singh, learned counsel appearing on behalf of U.P.S.R.T.C. and perused the record.
2. This first appeal from order has been filed against the judgment and award dated 01.10.2004, passed by Motor Accident Claims Tribunal / Additional District Judge, Court No. 2, Kanpur Nagar, in Motor Accident Claim Petition No. 789 of 2003, by which compensation of Rs. 1,58,000/- along with 8% interest has been awarded in favour of claimants-appellants on account of death of Suraj Bahadur aged about 24 years.
3. It is submitted by learned counsel for the appellants that the compensation awarded by the claims tribunal is too meager. The claims tribunal has erred in applying the multiplier of 13 on the age of the parents of the deceased, whereas, law has been settled in the case of Smt. Sarla Verma v. D.T.C. reported in 2009 (2) T.A.C. 677 (S.C.) that the multiplier on the age of the deceased would be applicable. Since, the age of the deceased was 24 years at the time of accident, the appropriate multiplier would be 18. It is further submitted that nothing has been awarded towards future
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 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 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 modified the tribunal's compensation award based on established legal precedents regarding future prospects and deduction ratios in compensation calculations.
The appropriate multiplier for calculating compensation must consider the age of the deceased, and 10% future prospects should be included in the compensation amount.
The court established that compensation for a deceased must consider the age-based multiplier and future prospects, enhancing the total amount awarded.
Compensation calculations in motor accident claims must include allowances and future prospects, with appropriate multipliers based on the deceased's age.
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 ....
The court established that the multiplier for compensation must reflect the deceased's age and future earning potential, ensuring all relevant compensation heads are adequately addressed.
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