High Court, As A Constitutional Court Of Record, Possesses The Inherent Power To Correct Its Own Record: Bombay High Court High Court of Uttarakhand Acquits Defendants in High-Profile Murder Case, Cites Lack of Evidence In Cases of Financial Distress, Imposing A Mandatory Deposit Under Negotiable Instruments Act May Jeopardize Appellant’s Right To Appeal: Rajasthan High Court Patna High Court Acquits Accused, Questions “Capacity of Victim to Make Coherent Statement” with 100% Burn Injuries High Court of Himachal Pradesh Dismisses Bail Plea in ₹200 Crore Scholarship Scam: Rajdeep Singh Case Execution of Conveyance Ends Arbitration Clause; Appeal for Arbitration Rejected: Bombay High Court Allahabad High Court Denies Tax Refund for Hybrid Vehicle Purchased Before Electric Vehicle Exemption Policy Entering A Room with Someone Cannot, By Any Stretch Of Imagination, Be Considered Consent For Sexual Intercourse: Bombay High Court No Specific Format Needed for Dying Declaration, Focus on Mental State and Voluntariness: Calcutta High Court Delhi High Court Allows Direct Appeal Under DVAT Act Without Tribunal Reference for Pre-2005 Tax Periods NDPS | Mere Registration of Cases Does Not Override Presumption of Innocence: Himachal Pradesh High Court No Previous Antecedents and No Communal Tension: High Court Grants Bail in Caste-Based Abuse Case Detention of Petitioner Would Amount to Pre-Trial Punishment: Karnataka High Court Grants Bail in Dowry Harassment Case Loss of Confidence Must Be Objectively Proven to Deny Reinstatement: Kerala High Court Reinstates Workman After Flawed Domestic Enquiry Procedural lapses should not deny justice: Andhra High Court Enhances Compensation in Motor Accident Case Canteen Subsidy Constitutes Part of Dearness Allowance Under EPF Act: Gujarat High Court Concurrent Findings Demonstrate Credibility – Jharkhand High Court Affirms Conviction in Cheating Case 125 Cr.P.C | Financial responsibility towards dependents cannot be shirked due to personal obligations: Punjab and Haryana High Court Mere Acceptance of Money Without Proof of Demand is Not Sufficient to Establish Corruption Charges Gujrat High Court Evidence Insufficient to Support Claims: Orissa High Court Affirms Appellate Court’s Reversal in Wrongful Confinement and Defamation Case Harmonious Interpretation of PWDV Act and Senior Citizens Act is Crucial: Kerala High Court in Domestic Violence Case

"High Court Enhances Compensation in Motor Accident Case to Rs. 17.15 Lakh, Citing Errors in Tribunal's Assessment"

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Madhya Pradesh High Court has enhanced the compensation awarded in a motor vehicle accident case from Rs. 9.40 lakh to Rs. 17.15 lakh. The judgement, delivered by Justice Amar Nath (Kesharwani) on 24th May 2024, addressed several errors made by the Motor Accident Claims Tribunal in assessing the deceased’s income and the compensation due to his family.

The case, titled *Smt. Savitri Singh Rajput and Others vs. Shah Coal Pvt. Ltd.*, involved the death of Rampal Singh Rajput, who was killed in a motor vehicle accident. The appellants, Smt. Savitri Singh Rajput and others, challenged the tribunal's award, seeking higher compensation. The tribunal had initially assessed the deceased’s monthly income at Rs. 6,000 and awarded a total compensation of Rs. 9.40 lakh.

Justice Kesharwani, in his detailed judgement, corrected the tribunal's assessment, recognizing Rampal Singh Rajput as a skilled labourer based on his heavy transport vehicle driving license. “The income of the deceased for an incident which took place in the year 2020, ought to have been taken as Rs. 10,000 per month,” observed the court.

The court also addressed the tribunal's erroneous deduction for personal expenses, noting that “the deduction towards personal expenses of the deceased should be 1/4th instead of 1/3rd.” Consequently, the High Court recalculated the total compensation, including amounts for loss of consortium, funeral expenses, and loss of estate, bringing the total to Rs. 17.15 lakh.

In its directive, the court emphasized the importance of equitable distribution among the dependents, specifying terms for fixed deposits for minor children. The judgement also stipulated that the enhanced compensation amount should accrue interest at 6% per annum from the date of the filing of the claim petition until the actual payment is made.

This ruling highlights the court's commitment to ensuring fair compensation in motor accident cases, addressing previous errors, and providing substantial support to the deceased's family.

Date of Decision: 24th May 2024

SMT. SAVITRI SINGH RAJPUT AND OTHERS VS SHAH COAL PVT. LTD. 

 

Similar News