Facts
Aravindan, aged 21 and holding a Diploma in Mechanical Engineering, died when the two-wheeler on which he was a pillion rider collided with a T.N.S.T.C. bus.
Source reference: paras. 2.1–2.3His parents and sister sought compensation.
Source reference: paras. 2.1–2.3The Tribunal attributed negligence to the bus driver and awarded ₹18,23,200 with interest at 7.5% per annum.
Source reference: paras. 2.1–2.3, 3.1, 4.1The Corporation appealed, challenging liability and quantum, particularly the deceased’s monthly income, fixed at ₹11,000, and the award under loss of estate.
Source reference: paras. 2.1–2.3, 3.1, 4.1Issues
Whether the Tribunal’s award of ₹18,23,200, including its assessment of the deceased’s income and compensation under other heads, required appellate interference
Source reference: para. 7; paras. 8.1–8.3Law Applied
Section 173 of the Motor Vehicles Act, 1988 provides for an appeal against an award of a Motor Accident Claims Tribunal.
Source reference: prayerIn assessing the income of a deceased person who was not employed at the time of the accident, the court may make a reasonable estimate based on the available circumstances, including age, education and the year of the accident.
Source reference: para. 8.2The Court also relied on National Insurance Company Ltd. v. Pranay Sethi for the applicable principles concerning future prospects and compensation under other heads.
Source reference: paras. 5.1, 8.3Reasoning
The Court accepted that the deceased’s income had to be estimated because he was not shown to have been employed.
Source reference: paras. 8.1–8.2Given his Diploma in Mechanical Engineering, age of 21 and the accident’s occurrence in 2018, it held that the Tribunal’s assessment of ₹11,000 per month was reasonable.
Source reference: paras. 8.1–8.2It found no basis to interfere with the compensation under the other heads, which it considered consistent with Pranay Sethi, and rejected the Corporation’s contention that the award was excessive.
Source reference: para. 8.3Holding
The Court dismissed the appeal and confirmed the Tribunal’s award.
It directed the Corporation to deposit the award amount with accrued interest at 7.5% per annum within six weeks of receiving a copy of the order, if not already deposited; the claimants may withdraw the amount according to the Tribunal’s apportionment.
Source reference: para. 9.1Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Motor Vehicles Act, 19881
Original Court PDF
The Managing Director,vsM. Dhandapani,
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