Afsana and Others v. Kundu Knit Fab Pvt. Ltd. and Another

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Online)(SC) 771

SUPREME COURT
Hemant Gupta, V. Ramasubramanian, JJ.
Afsana and Others v. Kundu Knit Fab Pvt. Ltd. and Another

Table of Content
1. compensation claims arise from motor vehicle accidents. (Para 2 , 3 , 4)
2. court assesses compensation based on previous judgments. (Para 5 , 6)
3. legal heirs entitled to compensation for medical expenses and loss of future earnings. (Para 8 , 9)
4. final ruling allows for increased compensation and interest. (Para 10)

1. Leave granted.

3. In a motor vehicle accident, a motor cycle driven by Afsar Ali, whose pillion rider was Kabil, met with an accident with car No. PB 10 - AB 5351 on 5.7.2001. Afsar Ali suffered multiple injuries and lost his life. Kabil also suffered serious injuries, became quadriplegic and died on 15.8.2002.

5. Before this court, the learned counsel appearing for the appellants, legal heirs of Afsar Ali, argued that the income of the deceased was assessed as a daily wager at Rs. 2,400 per month. The High Court has enhanced the compensation by applying multiplier of 17 instead of 11 applied by the Tribunal. The High Court assessed the compensation as Rs. 4,76,400 including compensation under the conventional heads.

7. Thus, the compensation payable shall be Rs. 5,66,960 in case of Afsar Ali.

9. The deceased was 28 years of age and could earn Rs. 2,4

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