Motor Accident Claim
Mode of Citation- ILC-2015-SC-MAC-....
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Motor Accident Claim
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Motor Accident Claim
Mode of Citation- ILC-2015-SC-MAC-....
Judgement Subject Index/Important Decision/Topic

ILC-2009-SC-MAC-Feb-6

NATIONAL INSURANCE COMPANY LTD. Vs MEGHJI NARAN SORATIYA & ORS.

Motor Vehicles Act, 1988  - Motor Accident Claim

Compensation - Death of bus conductor - Conductor about 23 years - Claimants widow children, and parents - Deceased pursuing higher studies for Master's Degree and would have been able to earn Rs. 5,000/- to 6,000/- p.m. after studies - Tribunal awarding Rs. 6,72,128/- alongwith interest @ 15 % from the date of petition till deposit - Assessment of income reduced to Rs 4000/- p.m. - Multiplier raised to 17 - Total compensation of Rs. 6,27,000/- awarded - Interest rate reduced to 9% from the date of petition till the relief.

Motor Vehicles Act, 1988  - Motor Accident Claim

Compensation - Deduction made under - Death of son and daughter-in-law - Challenge to restriction of deduction of living/personal expenses of deceased at 1/3rd only - besides, award stated to be excessive on the ground that Tribunal considered his age to be 55-58 years - Income taken at Rs. 2,250/- p.m. - Contribution to family taken at Rs. 1,500p.m. - Annual loss of dependency restricted to Rs. 15,000/- instead of Rs. 18,000/- - By applying multiplier of 10, loss of dependency arrived at Rs. 1,50,000/- - Besides, it awarded Rs. 15,000 as loss of estate - Rs. 5,000 towards funeral expenses and Rs. 5, 000 towards medicine and treatment - Total Rs. 1,75,000/- along with interest @ 15 p.a. from the date of petition awarded - On reconsideration, deduction increased to award toward estate scaled down to Rs. 5,000/- - Finding rate of interest 15% to be higher side, same reduced to 9% p.a. - Total award of Rs. 1,50,000/- with interest @ 9% from the date of petition to date of deposit - Appeal allowed partly.

Topic(s)-Motor Accident Claim , Compensation







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