Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act Fatal accident |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Motor Vehicles Act, 1988 (59 of 1988) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Motor Vehicles Act, 1988: Fatal accident – Compensation – Victim-deceased aged 33 years died in motor accident – Evidence on record that he was working as supervisor and his monthly salary was Rs.15,000 – Tribunal adopted multiplier ‘16’ and after deducting one-fourth of the income towards the personal expenses of the deceased, awarded a total compensation of Rs.21,60,000/- towards loss of dependency and a sum of Rs.1,00,000/- under other conventional heads – However, High Court, without assigning any reason modified the award of the Tribunal and awarded a compensation of Rs.17,00,000/- – Held: As per PAN card, the age of deceased at the time of accident was 33 years – Since it was established that the deceased was 33 years at the time of his death and earning Rs.15000 per month, application of multiplier of ‘16’ by the Tribunal was proper – The annual salary of the deceased would be Rs.1,80,000/- and taking multiplied of ‘16’ becomes Rs.28,80,000/- – In Pranay Sethi, the Constitution Bench of this Court held that in case the deceased was self-employed or on a fixed salary, an addition of 40% of the established income should be awarded where the deceased was below the age of 40 years – Therefore, after adding 40% of the income of the deceased towards loss of future prospects, total income of the deceased comes to Rs.40,32,000/- – One-fourth of the income i.e. 10,08,000/- deducted towards the personal expenses of the deceased, as he left behind three dependants – Total amount payable to the claimants towards loss of dependency was Rs.30,24,000/-.Motor Vehicles Act, 1988: Judicial notice – Large number of appeals filed under s.173 are pending before the various High Courts – In order to curtail the pendency before the High Courts and for speedy disposal of the appeals concerning payment ofcompensation to the victims of road accident, the Department of Justice, Ministry of Law and Justice is requested to consider constituting ‘Motor Vehicle Appellate Tribunals’ by amending s.173 so that the appeals challenging the award of a Tribunal could be filed before the Appellate Tribunal so constituted – To ensure access to justice and to avoid pendency, it would also be proper to consider setting up Benches of the Appellate Tribunal in various regional cities, in addition to the capital city of each State as may be indicated by the relevant High Court and no further appeal against the order of the Appellate Tribunal be provided – The Department of Justice, Ministry of Law and Justice is requested to examine the same. |
Judge | Hon'ble Mr. Justice Krishna Murari Hon'ble Mr. Justice S. Abdul Nazeer |
Neutral Citation | 2021 INSC 844 |
Petitioner | Rasmita Biswal & Ors. |
Respondent | Divisional Manager, National Insurance Company Ltd. And Anr. |
SCR | [2021] 9 S.C.R. 433 |
Judgement Date | 2021-12-08 |
Case Number | 7549 |
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