Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Fatal Accident Motor Vehicles Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 - ss. 166 and 168 - Claim of .. I"'Compensation - For fatal accident"- Claimant showing earning of the deceased as Rs. 20, 000 PM from his business - Tribunal determining the Compensation taking the monthly income of the deceased as Rs. 7, 0001 - and deducting 50% of the income towards his personal expenses - High Court reduced the compensation amount taking the income of the deceased as Rs. 4, 0001- - On appeal, held : Tribunal has discretion to determine just compensation - While " determining just compensation, it is necessary to ascertain the net income of the deceased available for himself and his dependants at the time of his death and the amount he was accustomed to spend on himself - Onus to prove the earning of the deceased is on the claimant - Bare assertion to that effect is not sufficient to discharge the onus - On facts, claimant failed to prove the income of the deceased as claimed - Future prospects of expansion of business also not proved Compensation determined taking the monthly income of the deceased as Rs. 5, 5001-. Appellant-dependants of the victim of a fatal accident, filed a petition u/s. 166 of Motor Vehicles Act, 1988 claiming compensation. Their claim was that the deceased was 20 years old and was engaged in his own business and was earning Rs. 20,000 per month. In support, of the earning they exhibited his current account ., (Ex. P.38) and the transaction of the deceased with his client (Ex. P.23) and also income tax return (Ex. P.34) declaring income from business as Rs. 43,000/-. Tribunal taking the monthly income at Rs. 7,000/ - per month, and deducting half of the income towards personal expenses of the deceased, etc. determined the compensation as Rs. 6,08,000/ - with interest @ 6% p.a. High Court, in appeal by the owner of the offending vehicle (respondent No. 1) , reduced the compensation to Rs. 3,56,000/ - taking the monthly income of the deceased as Rs. 4,000/ - per month on the basis of income tax assessment. Hence, the present appeal. Partly allowing the appeal, the Court |
Judge | Hon'ble Mr. Justice D.K. Jain |
Neutral Citation | 2009 INSC 2 |
Petitioner | Syed Basheer Ahamed & Ors. |
Respondent | Mohd. Jameel & Anr. |
SCR | [2009] 1 S.C.R. 14 |
Judgement Date | 2009-01-06 |
Case Number | 10 |
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