Kanhsingh & Anr. Vs. Tukaram & Ors.
Motor Vehicles Act,1988 - Section 166 , Section 173
Just Compensation - Loss of Dependency - Deceased was 27 years of age, working with HDFC as the Manager earning Rs.1,81,860/- per annum -There were definite chances of his further promotion and consequent increase in salary - Therefore, adding 50% under the head of future prospects to the annual income of the deceased the total loss of income comes to Rs.2,72,790/- per annum - Deducting 10% tax (Rs.27,279/-), net annual income comes to Rs.2,45,511/- - Deducting 1/3rd [Rs.81,837] towards personal expenses since the claimants are the parents of the deceased, loss of dependency comes to 1,63,674 X 11(appropriate multiplier as per the age of the parent) Rs. 18,00,414/- - Funeral expenses enhanced to Rs. 25,000/- instead of Rs. 2,000/- as awarded by the Tribunal - Under the heads of loss of love and affection Rs. 1,00,000/- awarded instead of Rs. 30,000/- as awarded by the Tribunal - The total compensation Rs. 24,25,604/- with interest at the rate of 9% p.a. from the date of filing of the application till the date of payment to the appellants.
Topic(s)-Just Compensation - Loss of Dependency - Compensation enhanced
Important Decision(s)- Compensation with interest at the rate of 9% p.a. from the date of filing of the application till the date of payment to the appellants.