In a recent legal development, the High Court has modified the judgment in a motor accident claim case to increase the compensation amount awarded. This decision was based on a thorough legal analysis of the factors involved, resulting in a notable rise in the total compensation granted to the claimants. Stay tuned to learn more about the court’s reasoning and the implications of this ruling in similar cases.
Facts
- The appellants, including the widow and dependent children, filed a claim petition before the Motor Accident Claim Tribunal in Preumbavoor.
- The husband of the first appellant, who was a mason aged around 48/52 years, died in a vehicular accident on 22.01.2002.
- The Tribunal awarded a total sum of Rs. 3,05,000/- under various heads to the claimants, along with interest at the rate of 7% per annum from the date of filing the claim petition.
- High Court enhanced compensation to Rs. 3,92,000/- under different heads with interest @ 9% per annum
- Income of the deceased considered at Rs. 3,000/- per month for assessing loss of dependency
- Tribunal initially considered income at Rs. 1,800/- per month for determining compensation towards loss of dependency
- High Court awarded compensation at Rs. 2,97,000/- for loss of dependency after considering deceased’s income at Rs. 3,000/- per month
- Original claimants dissatisfied with the High Court’s decision have filed appeals
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Decision
- The High Court’s judgment and order/s have been modified to increase the compensation amount to Rs. 4,25,000 from the initially awarded Rs. 3,92,000.
- Interest at a rate of 9% per annum is to be applied from the date of filing the claim petition until the compensation amount is fully realized.
- The Insurance Company (respondent No. 2) is instructed to deposit the enhanced compensation amount along with interest with the Tribunal within eight weeks, to be paid to the appellant’s widow (appellant No.1) by an account payee cheque.
- The total compensation awarded stands at Rs. 4,25,000 under different categories along with the specified interest rate.
- The court has allowed the appeals partially to the extent of the increased compensation amount and interest.
- A portion of Rs. 3,000 per month (25% of the total) is considered for future prospects and income rise in determining the loss of dependency for just compensation.
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Case Title: SUMATHY . Vs. BABU (2022 INSC 985)
Case Number: C.A. No.-006609-006610 / 2022
