Appeal against a Motor Accident Claims Tribunal award. The court enhanced the compensation by correcting the deceased's notional income, multiplier, and funeral expenses, granting the claimant a total of Rs. 3,51,000.
Enhanced compensation awarded to the total of Rs. 3,51,000 along with interest; the appeal is partly allowed.
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.
SMT JUSTICE T. RAJANI
MACMA No.521 of 2008
JUDGMENT:
This appeal is preferred by the claimant questioning the judgment of the Motor Accident Claims Tribunal-cum-District Judge, Ranga Reddy District at Vikarabad in OP.No.73 of 2003 dated 24.09.2007, on the grounds that the compensation awarded by the lower Court is very meager as it granted only Rs.1 lakh and that the lower Court ought to have seen that the deceased was a graduate and working as an Assistant Site Manager in Oorigjtha Project Private Limited and was earning Rs.10,000/- per month.
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healthy body and, in the above circumstances, his income, in the least, has to be taken as Rs.3,000/- per month, which comes to Rs.36,000/- per annum. The multiplier adopted by the lower Court is also the one relevant to the age of the claimant, but as the law stands today, it has to be the one relevant to the age of the deceased. Then, the multiplier relevant would be ‘17’. However, the deceased being an unmarried person, half of his income is deducted towards his personal expenditure. Then the loss of future income to the claimant would be Rs.18,000/- per annum and when the same is multiplied with ‘17’, the compensation comes to Rs.3,06,000/-. Apart from the above, the claimant would also be entitled to funeral expenses of Rs.25,000/-. The lower Court, however, awarded a sum of Rs.20,000/- towards the other heads, which can be treated as awarded towards loss of love and affection for the claimant. Then the total compensation would come to Rs.3,51,000/-.
___________________ SMT T. RAJANI, J
Date: 15.09.2017 TJMR
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal sufficient given the deceased's age and employment status.
SMT T. RAJANI
T. RAJANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
