The High Court partly allowed the appellants appeal against the Motor Accident Claims Tribunal award. It enhanced the compensation from Rs. 6,82,000 to Rs. 11,52,265/ by correcting the multiplier, adding future prospects, and including conventional heads.
Compensation enhanced from Rs. 6,82,000/- to Rs. 11,52,265/- with interest at 7.5%.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2023:RJ-JD:43787]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 713/2004
Resident of Raj Talab, Banswara.
----Appellant
----Respondent
For Appellant(s) : Mr. Parikshit Nayak, Adv. For Respondent(s) : Mr. Sanjeev Johari, Sr. Advocate assisted by Mr. Shubhankar Johri
HON'BLE MR. JUSTICE MUNNURI LAXMAN Order
14/12/2023
[2023:RJ-JD:43787]
[CMA-713/2004]
(2 of 4)
compensation, more particularly, the multiplier was wrongly applied, the future prospects were not included and other conventional heads were granted on the lower side.
[2023:RJ-JD:43787]
[CMA-713/2004]
(3 of 4)
is a government employee and aged in between 50 to 60 years, 15% should be given addition towards future prospects in the income, which in the present case was not granted by the Tribunal.
| 1. | Annual income of the deceased (10,469 x 12) | 1,25,628 |
|---|---|---|
| 2. | Added: future prospects (15%) |
18,844 |
| 3. | Total annual income of the deceased (1,25,628+ 18,844) |
1,44,472 |
| 4. | A sum of Rs.7,800/- deducted towards Income Tax (1,44,472 -7,800) |
1,36,672 |
| 5. | Deducted : towards personal expenses (1/3) |
45,557 |
| 6. | Annual amount of dependency (1,36,672- 45,557) |
91,115 |
| 7. | Multiplier to be applied |
11 |
| 8. | Total amount of dependency (91,115 x 11) | 10,02,265 |
| 9. | Added : Consortium to all claimants (40,000 x 3) |
1,20,000 |
| 10. | Added : Loss of estate |
15,000 |
| 11. | Added : Funeral expenses |
15,000 |
| Total entitlement of the appellants |
11,52,265 |
[2023:RJ-JD:43787]
[CMA-713/2004]
(4 of 4)
enhanced compensation shall carry an interest of 7.5% from the date of filing of the petition till the date of deposition. The amount shall be deposited within 2 months from the date of this judgment.
(MUNNURI LAXMAN),J
2-BhumikaP/NK
3 issues framed by the court
Whether the Tribunal erred in applying a multiplier of 8 instead of 11 for a deceased government employee aged 51.
Whether compensation for future prospects of 15% should have been granted under the rules cited.
Whether the Tribunal failed to include conventional heads such as funeral expenses, loss of estate, and loss of consortium.
Colour shows how this judgement treated each authority
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Abdul Samad S/o late Shri Abdul Latif
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MUNNURI LAXMAN
As recorded by the court registry
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