Case Law Details
Meena Devi Vs Nunu Chand Mahto @ Nemchand Mahto & Ors. (Supreme Court)
Conclusion: In present facts of the case, the Hon’ble Supreme Court by enhancing compensation held that there is no restriction that the Tribunal/Court cannot award compensation exceeding the amount so claimed under Motor Vehicles Act, 1988. The Tribunal/Court ought to award ‘just’ compensation which is reasonable in the facts relying upon the evidence produced on record. Therefore, less valuation, if any, made in the Claim Petition would not be impediment to award just compensation exceeding the claimed amount.
Facts: In present facts of the case, a child aged about 12 years died due to accident on 29.7.2003. A Claim Petition under Sections 140, 166 read with Section 171 of Motor Vehicles Act, 1988 (for short, “the M.V. Act”) seeking compensation to the tune of Rs. 2,00,000/- with interest was filed by the appellant, who was the mother of the deceased child. The Motor Accident Claims Tribunal granted compensation to the tune of Rs. 1,50,000/- in lump sum. On assailing the inadequacy of such an award by filing Miscellaneous Appeal No. 16 of 2013, the High Court of Jharkhand at Ranchi enhanced the amount of compensation to Rs. 2,00,000/- equivalent to the value of the claim made in the Claim Petition.
The adequacy of grant of such compensation has been questioned by filing the present appeal, inter alia, contending that the High Court erred in assessing the amount in the heads of “pecuniary” and “non-pecuniary” loss.
The Hon’ble Supreme Court by placing its reliance on several decisions observed that it is apparent that in the cases of child death, the notional income of Rs. 15,000/- as specified in the IInd Schedule of M.V. Act has been enhanced on account of devaluation of money and value of rupee coming down from the date on which the IInd Schedule of M.V. Act was introduced and the said notional income was treated as Rs. 30,000/- in the case of Kishan Gopal and another vs. Lala and others (2014) 1 SCC 244 and Rs. 25,000/- in Kurvan Ansari @ Kurvan Ali & another vs. Shyam Kishore Murmu and another (2022) 1 SCC 317 in age group of 10 and 7 years respectively.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
