9911796707
|
Home
Issues involved: Determination of compensation u/s 173 of the Motor Vehicles Act, 1988 for a fatal accident due to negligence, calculation of compensation multiplier, and allocation of compensation amount.
Factual Background: The deceased was involved in a fatal accident due to a parked truck's negligence, leading to his death. Claimants filed for compensation under Section 173 of the Motor Vehicles Act, 1988, based on the deceased's income and dependents. Calculation of Compensation: The High Court determined compensation considering the deceased's income, lack of evidence on actual earnings, and applied a multiplier of 17. The appellant challenged the high multiplier and lack of evidence on income, while claimants supported the High Court's decision. Legal Principles for Compensation Calculation: The judgment referenced legal principles from previous cases regarding the calculation of compensation in fatal accident cases. It highlighted methods like the multiplier approach and factors influencing the selection of multiplicand and multiplier. Multiplier Determination: The judgment discussed the appropriate multiplier selection based on factors like age, prevailing interest rates, and uncertainties in future dependency. It referred to previous cases where multipliers were adjusted based on interest rates and age groups of the deceased. Final Compensation Calculation: Considering the deceased's age and lack of concrete income evidence, a multiplier of 13 was deemed appropriate. The compensation was calculated at &8377; 4,68,000 with 6% interest, and a portion was to be deposited in fixed deposits for the claimants' benefit. Allocation of Compensation: The judgment specified the allocation percentages for fixed deposits among the claimants, ensuring proper representation and management of the compensation amount. The appeal was allowed in part, with no costs imposed.
|
