Facts
The appellants, parents of the deceased, sought compensation after their 28-year-old son died in a collision with an NWKRTC bus on 17 August 2019.
Source reference: pp. 2–5The Tribunal awarded ₹13,91,200 with interest at 6% per annum.
Source reference: pp. 2–5The parents appealed, contending that the deceased’s income had been assessed too low, future prospects had not been included, and the interest rate was inadequate
Source reference: pp. 2–5Issues
1. Whether the compensation awarded by the Tribunal was inadequate and warranted enhancement
Source reference: p. 62. What order should follow from the Court’s determination of the compensation issue
Source reference: p. 6Law Applied
Under Section 173(1) of the Motor Vehicles Act, 1988, an aggrieved claimant may appeal against a Tribunal’s award.
Source reference: pp. 7–8In assessing fatal-accident compensation, the Court applied the Karnataka State Legal Services Authority guidelines to determine notional income where documentary proof of income was absent; *National Insurance Co. Ltd. v. Pranay Sethi*, (2017) 16 SCC, for future prospects and escalation of conventional heads; and *Magma General Insurance Co. Ltd. v. Nanu Ram*, 2018 ACJ 2782, in awarding consortium.
Source reference: pp. 7–8The Court applied a 40% addition for future prospects, a 50% deduction for the deceased bachelor’s personal expenses, and a multiplier of 17
Source reference: pp. 7–8Reasoning
Because the deceased’s income was unproved and the accident occurred in 2019, the Court assessed his monthly notional income at ₹13,250 under the Karnataka State Legal Services Authority guidelines.
Source reference: pp. 7–9It added 40% for future prospects, deducted 50% for personal expenses because he was a bachelor, and applied multiplier 17, fixing loss of dependency at ₹18,92,100.
Source reference: pp. 7–9It also awarded ₹96,800 for consortium to the parents and ₹18,150 each for loss of estate and funeral and transportation expenses, including the applicable escalations
Source reference: pp. 7–9The resulting compensation was ₹20,25,200.
Source reference: pp. 7–9Holding
The Court answered the compensation issue in the affirmative and partly allowed the appeal.
It modified the Tribunal’s award, enhancing compensation from ₹13,91,200 to ₹20,25,200 with interest at 6% per annum from the petition date until realization; no interest was payable on the enhanced amount for the delayed period.
Source reference: pp. 9–11The respondent was directed to deposit the compensation with accrued interest within eight weeks, with apportionment and disbursement to follow the Tribunal’s order
Source reference: pp. 9–11Acts & Sections Cited
1 provisions across 1 statute referred to in this judgment. Each provision opens on LawLens.
Motor Vehicles Act, 19881
Original Court PDF
SRI AZIZMIYAN S/O KARIMSABvsTHE DIVISIONAL CONTROLLER
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