Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Compensation 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 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicle Act, 1988:s. 166 - Fatal accident - Compensation - Computation of - Deductions. - Held: Provident Fund, Pension, Insurance, receivable by heirs on account of victim's death will not come within the periphery of the Act to be termed as 'pecuniary advantage' liable for deduction. s. 166 - Fatal accident - Compensation - Compassionate appointment -Deductions towards 'pecuniary advantage' - Held: Compassionate appointment cannot be termed as 'pecuniary advantage' and any amount received on such appointment is not liable for deduction for determining the compensation. s. 166 - Fatal accident - Compensation - Deduction towards income-tax - If annual income comes within taxable range, income tax is required to be deducted for determining actual salary of deceased and presumption would be that employer has deducted the tax at source from employee's salary - In case of income of a non-salaried victim, claimant is required to prove that deceased had paid income tax and no further tax is required to be deducted from the income.s. 166 - Fatal accident - Compensation - Multiplier - Increase towards future income - Held: Deceased being a Government servant and 28 ~ years at the time of death, his pay would have doubled if he would have continued in service till the date of retirement- Therefore, 100% increase in future income of deceased should have been allowed by Tribunal and High Court - Keeping in view the age of the victim at the 8 time of his death, multiplier of 17 would be applied. s. 166 - Fatal accident - Amounts towards loss of consortium, loss of estate, loss of Jove and affection for daughter, loss of Jove and affection for widow and mother and funeral expenses awarded. In a claim petition filed by the wife, daughter and mother of the victim of a fatal motor accident, who was an Assistant Engineer in a State Government department and was 28 % years of age at the time of the death, the Tribunal held that the reckless and negligent driving of the drier of the offending vehicle caused the accident resulting in death of the victim. Though the salary of the victim was Rs.8920/-, the Tribunal reduced it to Rs.8000/ -. It further deducted a sum of Rs.1000/- per month towards PF, pension and insurance, assessed the actual salary at Rs.7000/- and added Rs.4500/- towards future income. It applied multiplier of 15 holding that the wife of deceased would get job on compassionate ground and determined the compensation at Rs.14,93, 700/-. The High Court though held that multiplier of 15 was not correct, F but declined to interfere with the amount of compensation. |
Judge | Hon'ble Mr. Justice S.J. Mukhopadhaya |
Neutral Citation | 2013 INSC 304 |
Petitioner | Vimal Kanwar & Ors. |
Respondent | Kishore Dan & Ors. |
SCR | [2013] 3 S.C.R. 223 |
Judgement Date | 2013-05-03 |
Case Number | 5513 |
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