Jitendra Khimshankar Trivedi & Ors. Vs. Kasam Daud Kumbhar & Ors.
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Head Note
Motor Vehicles Act,1988 - Section 168 , Constitution of India, 1950 - Article 142
Enhancement of Compensation - Exercising jurisdiction under Article 142 of the Constitution of India, 1950 Court deemed it appropriate to award enhanced compensation to the claimants.
Motor Vehicles Act,1988 - Section 168
Dependency - At the time of her death deceased was aged about 22 years, proper multiplier to be adopted is 18 - The courts below have not awarded any compensation towards loss of consortium and towards love and affection awarded towards loss of consortium and Rs. 1,00,000/- towards loss of love and affection to the minor children - Towards loss of estate and funeral expenses, award of compensation of Rs. 15,000/-
Motor Vehicles Act,1988 - Section 168
Enhancement of Compensation - Claimants have not filed any appeal - Held that in terms of Section 168 of the MV Act, the courts/tribunals are to pass awards determining the amount of compensation as to be fair and reasonable and accepted by the legal standards - As it is obligatory on the part of courts/tribunals to award just and reasonable compensation, it is appropriate to increase the compensation.
Motor Vehicles Act,1988 - Section 168
Enhancement of Compensation - Dependency - Income of deceased - Deceased a house wife doing embroidery work - Tribunal has taken the income of deceased at Rs. 1,500/- whereas the High Court has assessed the income of the deceased at Rs. 1,350/- per month - As observed by the tribunal, embroidery work, stitching work and local traditional embroidery work was doing well in the concerned district and there was good earning - Considering the nature of the work and the evidence of claimants witnesses father-in-law and mother-in-law of the deceased, had the deceased been alive she would have earned not less than Rs. 3000/- per month - Even assuming decease was not self-employed doing embroidery and tailoring work, the fact remains that she was a housewife and a home maker - It is hard to monetize the domestic work done by a house-mother - The services of the mother/wife is available 24 hours and her duties are never fixed - Courts have recognized the contribution made by the wife to the house is invaluable and that it cannot be computed in terms of money - Thus even otherwise, taking deceased as the home maker, it is reasonable to fix her income at Rs. 3,000/- per month.
Motor Vehicles Act,1988 - Section 171
Compensation - Interest - The tribunal has awarded interest at the rate of 15 per cent which was reduced to 12 per cent by the High Court - Held that the rate of interest awarded by both the courts is on higher side - Compensation amount payable to the claimants with interest at the rate of 9 per cent.
Topic(s)-Enhancement of Compensation , Compensation - Interest , Compensation - Dependency