VIMAL KANWAR & ORS. versus KISHORE DAN & ORS.

VIMAL KANWAR & ORS. versus KISHORE DAN & ORS.

Amounts receivable as provident fund, pension, insurance, and on compassionate appointment are not 'pecuniary advantages' liable for deduction under the Motor Vehicle Act; multiplier of 17 and 100% increase in salary is appropriate for a deceased aged 28½ years who was a government servant; income tax deduction applies only if evidence shows employer failed to deduct TDS.

Parties
Appellant: Vimal Kanwar; Respondent: Kishore Dan; Respondent: United India Insurance Co. Ltd.; Respondent: S.K. Ray
Jurisdiction
India
Judgment Date
03 May 2013
Procedural Posture
Civil Appeal / Final Judgment on Appeal From High Court
Outcome
Appeal allowed; Tribunal and High Court award modified
Legal Topics
Computation of Compensation, Pecuniary Advantage Deductions, Future Income Estimation, Income Tax Deduction, Multiplier Application
Motor Accident Claims Compensation Law Computation of Compensation Pecuniary Advantage Deductions Future Income Estimation Income Tax Deduction Multiplier Application

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Parties

Vimal Kanwar

Appellant

Kishore Dan

Respondent

United India Insurance Co. Ltd.

Respondent

S.K. Ray

Respondent

Procedural Posture

Civil Appeal / Final Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether amounts receivable as provident fund, pension, insurance, and compassionate appointment should be deducted as 'pecuniary advantage' under the Motor Vehicle Act in computation of compensation for fatal accident
  2. 2 Whether income tax deduction is required for determining compensation
  3. 3 Appropriate method to estimate future income prospects and apply multiplier in compensation calculation

Ratio Decidendi

Amounts receivable as provident fund, pension, insurance, and on compassionate appointment are not 'pecuniary advantages' liable for deduction under the Motor Vehicle Act; multiplier of 17 and 100% increase in salary is appropriate for a deceased aged 28½ years who was a government servant; income tax deduction applies only if evidence shows employer failed to deduct TDS.

Court Disposition

Appeal allowed; Tribunal and High Court award modified

Orders

  • Compensation set at Rs.29,73,000/- with 12% interest from date of petition till payment.
  • Respondent No.3 directed to pay total award with interest minus any already paid within three months.