Sushil @ Sushila and Anr. v. Dilbag and Ors.
Case brief
What is this about?
FAO dismissed — enhancement of motor-accident death compensation refused; deceased (17) killed 06.07.2022 by tractor HR-11-N-1423; income upheld at Rs.10,243 p.m. (unskilled), claimants' plea of Rs.17,000 private job unsupported by evidence; 50% deduction for bachelor correct; age 17 proved via PM report Ex.P17 and Aadhaar Ex.P3; multiplier 18 with 40% future prospects affirmed; consortium Rs.48,400, funeral Rs.18,150, estate Rs.18,150 adequate; compensation must be neither bonanza/windfall nor pittance (Jasbir Kaur; Mahadeva Shetty (2003) 7 SCC 197; Susamma Thomas 1994 Vol-II SCC 176); MACT Panipat Award dt. 28.08.2024 (MACP 354/2022, Ss.140 & 166 MV Act) maintained with interest 7.5%; Punjab & Haryana HC, Nidhi Gupta J.; 43-day delay condoned (CM-1520-CII-2025, S.5 Limitation Act).
What did the court decide?
Claimants led no evidence whatsoever to prove the deceased's alleged private job or income of Rs.17,000/- per month; the Tribunal therefore correctly assessed his income at Rs.10,243/- per month as that of an unskilled person.