The Court sets aside Tribunal's judgment, recalculating compensation based on Supreme Court guidelines.
In a landmark judgment, the Calcutta High Court (Circuit Bench at Jalpaiguri) has enhanced the compensation awarded to the legal heirs of Durga Prasad Sharma, a primary school teacher who died in a motor vehicle accident in 2013. The appeal, filed by Tara Sharma and other family members, challenged the decision of the Motor Accident Claims Tribunal, which had previously awarded a sum of Rs. 6,00,540.
The High Court, presided over by Justice Aniruddha Roy, meticulously reviewed the evidence, including the post-mortem report, which determined the deceased's age as 50 years at the time of his death. This contradicted the Tribunal's presumption of the deceased being 60 years old based on his pension status. The Court held that the post-mortem report, being a scientific and expert opinion, should be considered conclusive evidence of the deceased's age.
The Tribunal's application of a multiplier factor of 5, based on the incorrect age, was set aside. The High Court applied a multiplier of 13, aligning with the guidelines established by the Supreme Court in the Pranay Sethi and Sarla Verma cases. The Court also addressed the issue of future prospects, overruling the Tribunal's decision to deny compensation on this ground due to the family's receipt of a pension. Justice Roy emphasized that future prospects must be considered, as per the Supreme Court's directives.
Additionally, the High Court recalculated compensation for loss of estate, funeral expenses, and consortium, which the Tribunal had awarded contrary to Supreme Court guidelines. The enhanced compensation amounted to Rs. 13,80,404, with an interest of 6% per annum from the application date until payment.
The insurance company, National Insurance Company Limited, has been directed to pay the revised amount within six weeks. This judgment underscores the judiciary's commitment to ensuring just compensation for victims of motor accidents and their families.
Bottom line:-
Motor Vehicles Act, 1988 - Compensation awarded by the Motor Accident Claims Tribunal to legal heirs of the deceased recalculated and enhanced based on proper multiplier and future prospect as per the law laid down by the Supreme Court in Pranay Sethi and other judgments.
Statutory provision(s): Motor Vehicles Act, 1988 Section 166
