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Head Note

Motor Vehicles Act,1988  - Section 166 , Section 168 , Section 173

Quantum of compensation - Appeal for enhancement - Income of deceased - Determination of - Deceased aged about 46 years - Claimants wife and two children - Income tax return brought on record in proof of monthly income of deceased - As per income tax return earning of deceased was Rs. 88,660/- p.a. or Rs 7,330/- p.m. - Deceased being 46 years, entitled to 30% increase in future prospects of income - Multiplier of 13 appropriate - Amount of compensation under head of loss of income would come of Rs. 14,86,524/- - One third of amount deducted towords personal expenses - Net amount towards loss of income would be Rs 9,91,016/- - Compensation of Rs. 10,000/- granted towards damage caused to bike - Compensation awarded by High Court towards loss of consortium and loss of love and affection being on lower side - Same enhanced to Rs 1,00,000/- each - Apart from that Rs 1,00,000/- towords loss of estate and Rs. 1,00,000/- towords loss of expectation of life of deceased granted - A sum of Rs. 50,000/- also granted for funeral expenses and costs of litigation - Claimant held entitled to get a total compensation of Rs. 14,51,000/- with interest at 9% p.a.

Topic(s)-MACT - Quantum of compensation