Court Revises Income Assessment and Increases Compensation for Deceased Electrician's Family
In a significant ruling, the Punjab and Haryana High Court has increased the compensation awarded in a motor accident claim involving the tragic death of Bhupender alias Vicky, an electrician who succumbed to injuries from a vehicular accident on June 11, 2016. Justice Harkesh Manuja presided over the appeal, which challenged the initial compensation determined by the Motor Accident Claims Tribunal, Hisar.
The appellants, Sharda and another, represented by Mr. Rose Gupta, argued that the deceased's income was underestimated by the Tribunal. While the Tribunal had assessed the monthly income at Rs. 9,258, the High Court revised this figure to Rs. 12,000, recognizing the deceased's technical qualifications and potential earnings as an electrician. The Court noted that in the absence of documentary proof, a reasonable assessment considering the deceased's age, occupation, and prevailing minimum wages was appropriate.
The High Court also addressed the deductions for personal expenses. Although the deceased was a bachelor, the Court applied a deduction of one-third instead of the typical one-half, acknowledging the dependency of his aged parents. This decision aligns with the specific family circumstances and underscores the importance of tailoring deductions to individual cases.
Furthermore, the compensation under conventional heads was enhanced, following precedents set in cases such as Sarla Verma, Pranay Sethi, and Satinder Kaur. The claimants were awarded increased amounts for funeral expenses, loss of estate, and filial consortium, bringing the total compensation to Rs. 24,16,800, an increase of Rs. 10,64,778 from the Tribunal's original award.
The judgment also upheld the interest rate of 9% per annum on the compensation amount from the filing date until realization, with a potential increase to 12% for delayed payments beyond three months. The decision reflects a comprehensive consideration of legal precedents and equitable justice for the claimants.
Bottom Line:
Motor Accident Claims - Assessment of compensation - In absence of documentary proof of income, notional income can be determined considering the social status and nature of occupation of the deceased. Deduction for personal expenses must consider specific circumstances, such as dependency of family members. Compensation under conventional heads must align with established legal precedents.
Statutory provision(s): Motor Vehicle Act.
Sharda v. Nagender Sharma, (Punjab And Haryana) : Law Finder Doc Id # 2842596
