Landmark Judgment on Compensation for Fatal Accident

In a recent legal case, the High Court has delivered a groundbreaking judgment regarding compensation for fatal accidents. The court’s meticulous legal analysis sheds light on various aspects of the case, setting a new precedent in such matters. Let’s explore the intricacies of this landmark ruling and its implications for future cases.

Facts

The accident occurred on 30.03.2010 when the deceased Kiran was riding on a two-wheeler from Sholapur to Pandharpur, Maharashtra.
During the journey an accident occurred when a Heavy Goods Vehicle crashed into the two-wheeler and caused fatal injuries to Kiran, who died on the spot.
The Tribunal held that the accident was due to the rash and negligent driving by the driver of the Heavy Goods Vehicle.
The claim petition was filed by Kiran’s parents and younger brother, seeking compensation for the fatal injuries sustained in the accident.
The vehicle involved in the accident was insured with respondent no.2 insurance company, and the liability was fixed on the insurance company by the Tribunal.
Rate of interest awarded should have been fixed at 7.5% and stands modified.
The Tribunal and the High Court erred in not granting future prospects to the claimants as per the judgment of National Insurance Company v. Pranay Sethi & Ors.
High Court awarded Rs. 17,70,000/- with 6% interest, but after appeal, increased compensation to Rs. 37,80,000/- at 7.5% interest.
High Court increased income of the deceased to Rs. 15,000/- and multiplier to eighteen instead of fifteen.
High Court increased compensation for loss of consortium to Rs. 75,000/-.
Future prospects at the rate of 40% granted to the claimants.