Smt. Gouri Verma and Ors. v. Fareed Khan and Ors.
Case brief
What is this about?
In this claimants' appeal under Section 173 of the Motor Vehicles Act, the Division Bench dismissed the challenge to the First Additional Motor Accident Claims Tribunal's award of Rs. 4,52,000/- compensation. The court held the assessment of the deceased's income at Rs. 36,000 per annum and the multiplier of 16 were correct in light of the evidence and Apex Court precedents.
What the court decided
l^
HIGH COURT OF CHHATTISGARH AT BILASPUR
DIVISION BENCH
CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J.
| Misc. Ap | peal (C) No. 584of2012 | |
|---|---|---|
| Appellants | 1. | Smt. Gouri Verma wd/o late Kundan Verma, aged about 24 years, |
| 2. | Master Akshay Verma, s/o late Kundan Verma, aged about 2 years, represented through natural guardian motherSmt. Gouri Verma, |
|
| 3. | Murarilal s/o late Sukhlal Verma, aged about 62 years, |
|
| 4. | Smt. Ram Bai w/o Murarilal Verma, aged about 55 years, |
|
| 5. | Kumari Leena Verma d/o late Kundan Verma, aged about 7 months represented throug)i natural guardian mother Smt. Gouri Verma. |
|
| All are resident of Ram Nagar, thana Supela, district Durg C.G. Claimants |
| VERSUS | ||
|---|---|---|
| Respondents | 1. | Fareed Khan s/o Aamin Khan, aged about 55 years, r/o Contractor Colony, Supela, Bhilai, district Durg C.G. (Driver of Truck No. C.G.07-ZC- 4384) |
| 2. | Simplex Casting Limited, 32 Shivnath Complex, G.E. Road, Bhilai through harban Singh s/o Mahanga Singh, r/o Contractor Colony, Supela, Bhilai, district Durg C.G. (Owner of Truck No. C.G.07-ZC- 4384) |
Issues for consideration
2 issues framed by the court
Whether the compensation awarded by the Tribunal for the death of Kundan Verma in a motor accident was just and proper enough to warrant enhancement.
Whether the Tribunal's assessment of the deceased's income and the selection of the multiplier of 16 were legally correct.
Parties & counsel
- appellant
Smt. Gouri Verma
- appellant
Master Akshay Verma
- appellant
Murarilal Verma
- appellant
Smt. Ram Bai Verma
- appellant
Kumari Leena Verma
- respondent
Case details
As recorded by the court registry
- Court
- Chhattisgarh HC
- Decided on
- · June
- Registered
- Case no.
- MAC/584/2012
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