| Headnote |
Motor Vehicles Act, 1988 - s.166 - Fatal accident - Compensation - Grant of - Addition to actual income of the deceased towards future prospects - Norms laid down with regard to salaried persons in Sarla Verma case - Further explained in Santosh Devi case, and also. made applicable ยท to self-employed and persons on fixed wages - Clarification now given in regard to self-employed and persons on fixed wages with reference to their age - Held: In case the deceased victim was below 40 years, there must be an addition of 50% to the actual income of the deceased while computing future prospects - Addition should be 30% in case the deceased was in the age group of 40 to 50 years - Since in case of those self-employed or on fixed wages, there is normally no age of superannuation, it will only be just and equitable to provide an addition of 15% in the case where the victim was between the age group of 50 to 60 years - There should normally be no addition thereafter. Motor Vehicles Act, 1988 - s. 166 - Fatal accident - Grant of compensation - Loss of consortium to the spouse - Held: The loss of companionship, love, care and protection, etc., the spouse is entitled to get, has to be compensated appropriately - On facts, it would only be just and reasonable that the courts award at least Rs. 1 lakh for loss of consortium. Motor Vehicles Act, 1988 - s. 166 - Fatal accident - Grant of compensation - 'Funeral Expenses' - Held Tribunals have been quite frugal with regard to award of compensation under the head 'Funeral Expenses' - 'Price Index' has gone up in that regard also - On facts, it will be just, fair and equitable, under the head of 'Funeral Expenses', in the absence of evidence to the contrary for higher expenses, to award at least an amount of Rs. 25, 000/-. Motor Vehicles Act, 1988 - s. 166 - Fatal accident - Deceased aged 33 years - Earning salary of Rs. 9, 520/- per month - Compensation - Grant of - Held: 50% salary added as future prospects-114th deducted as personal expenses of the deceased - Multiplier of 16 applied - Rs. 1 lakh awarded towards loss of consortium and further Rs. 1 lakh towards loss of care and guidance for minor children - Rs. 25,000/- awarded towards funeral expenses - Total compensation awarded amounting to Rs.22,81,320/-. Motor Vehicles Act, 1988 - s.166 - Just compensation - Meaning of - Held: 'Just Compensation' is adequate compensation which is fair and equitable, on the facts and circumstances of the case, to make good the loss suffered as a result of the wrong, as far as money can do so, by applying the well-settled principles relating to award of compensation. Motor Vehicles Act, 1988 - s.166 - Compensation - Duty of the Court - To fix just compensation, irrespective of the claim - Held: The Court should not succumb to niceties or technicalities, in matters relating to compensation - Attempt of the Court should be to equate, as far as possible, the misery on account of the accident with the compensation so that the injured/the dependants should not face the vagaries of life on account of the discontinuance of the income earned by the victim - Tribunal/Court has a duty, irrespective of the claims made in the Application, if any, to properly award a just, equitable, fair and reasonable compensation, if necessary, ignoring the claim made in the application for compensation. |
