Back
AMAR NATH (KESHARWANI)
Rajni Jain – Appellant
Versus
Pawan Kumar Siddharau – Respondent
ORDER
1. This is an appeal filed by the appellants/claimants under section 173(1) of the Motor Vehicles Act, 1988 against the award dated 23.1.2023 passed by 26th Additional Motor Accident Claims Tribunal, Jabalpur (M.P.) in MACC No.1971/2019, whereby the learned Claims Tribunal awarded a total sum of Rs.13,84,872/- (Thirteen Lakhs Eighty Four Thousand Eight Hundred Seventy two) which is rounded off as Rs.13,84,870/- (Thirteen lakhs eighty four thousand eight hundred seventy) with interest @ 6% per annum to the appellants/claimants for the death of Rajesh Jain aged about 55 years, who died in motor vehicle accident. According to claimants i.e. appellants herein, the compensation awarded by the learned Claims Tribunal is on lower side and hence, needs to be enhanced.
2. Since, this Appeal is for enhancement in the compensation amount awarded by the Claims Tribunal, hence the question that arises for consideration is whether any case for enhancement in compensation awarded by the learned Claims Tribunal on facts and evidence adduced, is made out and if so to what extent?
3. It is not necessary to narrate the entire facts in detail, such as how the accident occurred, who was negligent in
Compensation for death in motor vehicle accidents must be fair and based on actual income and future prospects, not merely nominal figures.
Court recalculated compensation based on estimated earnings of deceased, allowing appeal for enhanced damages.
The court's decision emphasized the importance of accurately determining the deceased's income for calculating compensation, relying on bank statements and considering fluctuations and deductions.
Calculation of compensation for loss of dependency based on the deceased's fluctuating and contractual income, and the application of a multiplier to determine the enhanced compensation.
Compensation for death in a motor vehicle accident must consider reasonable estimations of income and future prospects, following precedent statutes.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
