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Head Note

Motor Vehicles Act,1988  - Section 168

Compensation - Dependency - Deceased aged 32 years - Employed in Restaurant in Germany - He was drawing wages of 1145 Euro per month -Taking the income of the deceased at the time of his death at Rs.8,333/- per month by High Court held to be on the lower side - It would be just and reasonable to ascertain the income of the deceased at the time of his death at Rs.15,000/- per month - By adding 50% of the actual salary as provision for future prospects, the income of the deceased to be considered for calculation of loss of dependency is Rs.22,500/- per month i.e. Rs.2,70,000/- per annum - Deducting 10% towards income tax the net income comes to Rs.2,43,000/- per annum - Further, deducting 1/3rd towards personal expenses and applying the correct multiplier the loss of dependency would come to Rs.25,92,000/- [(Rs.2,43,000/- (-) 1/3rd of Rs.2,43,000/-) x 16] - Rs.1,00,000/- awarded towards loss of estate to the appellant- wife, Rs.25,000/- towards funeral expenses and Rs.1,00,000/- towards loss of consortium to the appellant-wife - An amount of Rs.1,00,000/- is awarded to the appellant-minor towards loss of love and affection of her father(deceased) - Compensation enhance from Rs.17,10,000/- to Rs. 29,17,000/- with interest @9% p.a. from the date of filing of the application till the date of payment.

Topic(s)-MACT - Compensation enhanced