Ruling Reversed: Higher Compensation Awarded in Fatal Accident Case.


14 February 2025 Motor Accident >> Family Law  

This petition was filed by the applicants/claimants (respondents Nos. 1-6) seeking a review of the judgment passed on 13.08.2024, where the compensation awarded by the Motor Accident Claim Tribunal (MACT), Delhi, was reduced by the Court from Rs. 11,47,631 to Rs. 9,62,631 with 7% interest from 02.07.2013. The insurance company did not appear despite advance notice.


 

 

Upon hearing the applicants' counsel, the Court found an error in the earlier judgment, as it failed to consider the cross objections filed by the claimants. The claimants argued that the deceased was working in Delhi, not Baghpat, Uttar Pradesh, and that the minimum wage for Delhi should have been applied instead of Uttar Pradesh's. The Court also considered the presumption of a 40% increase in the deceased’s income as per the judgment in *Pranay Sethi* (2017). While it was not able to reappraise the evidence regarding the deceased’s employment location, it accepted the claimants’ plea for an income increase due to future prospects. Based on the updated calculations, the total compensation was increased to Rs. 12,39,638, including interest, with the statutory amount of Rs. 25,000 released to the claimants.


Section 140, Motor Vehicles Act - 1988  

Section 166, Motor Vehicles Act - 1988  

Motor Vehicles Act, 1988