KUNJAN SADANA & ANR. versus MAHESH KUMAR & ORS

KUNJAN SADANA & ANR. versus MAHESH KUMAR & ORS

The compensation for death of the 19-year-old bachelor must be calculated by applying a multiplier of 18 based on the age of the deceased, including an additional 40% of the established income for future prospects, and deducting 50% of the gross income towards personal expenses. Claimants are entitled to compensation under conventional heads as well.

Parties
Appellant: Kunjan Sadana; Respondent: Mahesh Kumar; Respondent: New India Assurance Co Ltd
Jurisdiction
India
Judgment Date
10 December 2019
Procedural Posture
Civil Appeal / Appeal From High Court Judgment in MAC Appeal No. 479 of 2009
Outcome
Appeal partly allowed
Legal Topics
Compensation for Fatal Accident, Application of Multiplier, Future Prospects, Deduction for Personal Expenses
Motor Accident Claims Compensation for Fatal Accident Application of Multiplier Future Prospects Deduction for Personal Expenses

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Parties

Kunjan Sadana

Appellant

Mahesh Kumar

Respondent

New India Assurance Co Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment in MAC Appeal No. 479 of 2009

Legal Issues

  1. 1 Whether the age of the deceased or the dependant should be used to determine the multiplier in compensation calculation
  2. 2 Whether future prospects of the deceased should be considered in computation of compensation

Ratio Decidendi

The compensation for death of the 19-year-old bachelor must be calculated by applying a multiplier of 18 based on the age of the deceased, including an additional 40% of the established income for future prospects, and deducting 50% of the gross income towards personal expenses. Claimants are entitled to compensation under conventional heads as well.

Court Disposition

Appeal partly allowed

Orders

  • Third respondent/insurance company directed to deposit Rs. 1,60,000 with simple interest at 7% per annum from the date of claim petition to the date of deposit
  • Respondent/insurance company to deposit the amount before the Tribunal within two months from the date of receipt of copy of judgment