Summary
Hari Ram died a day after the insured three-wheeler in which he was travelling in Haryana toppled in November 2010 because of rash and negligent driving. The Tribunal treated him as 60 years old, applied a multiplier of 9 to a monthly income of Rs 5,000 after a one-fourth deduction, and awarded Rs 4,33,000. On appeal, the Punjab and Haryana High Court found on scientific evidence that he was 50, applied a multiplier of 13, added future prospects that the Tribunal had wrongly omitted, and raised the award to Rs 6,55,000 with interest at 7.5%. The claimants, his widow, son and mother, sought further enhancement. The Supreme Court held that the High Court had correctly awarded compensation and that no interference was called for, and it dismissed the appeal without costs.
Issues
- Whether the compensation of Rs 6,55,000 awarded by the High Court for the death of the claimants' family member in a motor accident required further enhancement.
Provisions considered
- Section 166, Motor Vehicles Act, 1988The High Court's re-assessment, correcting the age of the deceased, applying the multiplier of 13 and adding future prospects, was upheld as just compensation. (¶¶ 2, 3, 4, 5)
Held
- The High Court rightly corrected the deceased's age to 50 on scientific evidence, applied the multiplier of 13, added future prospects and raised interest to 7.5%; its award of Rs 6,55,000 called for no interference. (¶¶ 3, 4, 5)
Result
Appeal dismissed; the High Court's award upheld; no order as to costs.