Quantum of compensation and MV act

 

QUANTUM OF COMPENSATION AND MV ACT.

 

1.Whetherdeduction towards EPF and GIS be made in calculating income of the deceased?heldno

2011 ACJ 1441(SC), 2014 ACJ 1416 (SC) (FB) –

Manasvi Jain v/s Delhi Transport Corporation.,

2014 ACJ 1430 (SC) (FB) – Ramilaben Chnubhai

Parmar v/s Nii Com.

2 Unborn Child Pregnant woman suffered injury which led to death of child in the womb foetus   Rs.2 lacs awarded for the death of the child in the womb 2005

ACJ 69 (KAR), 2067 ACJ 2067 (MP), 2011 ACJ 2400

(MAD), 2011 ACJ 2432 (SC), 2017 ACJ 2460 (Ker), 2014

ACJ 2509 (P&H), Kusuma's case, 2011 ACJ 2432(SC) SC

judgment followed Gujarat

High Court awarded

Rs.1,80,000/ 2022

ACJ 1838 (Guj)

2AChild in the womb – Posthumous child – father died in the accident and thereafter, the Posthumous child born and joined – whether such Posthumous child can be treated as dependent? Held Yes.

2022 ACJ 395 (Ker)

3 Quantum deceased last year student of   B. Tech relying upon several Supreme Court decisions, income taken as Rs 12K per month10% deducted as he was in the final year of B.Tech RS. 10,800/as monthly income considered

2011 ACJ 2403 (AP), 2011 ACJ 2082(P&H), 2011 ACJ

1702(AP), Meena Pawaia v/s. Ashraf Ali, 2022 ACJ

528 (SC)

Student of BCA – Income assessed Rs.6,000/p/

m.2017

ACJ 2325 (All)

Student of BCA – Income assessed Rs.5,000/p/

m.2017

ACJ 2381 (J&K)

4 Coolie suffered loss of hand amputation of hand SC held it to be case of 100% functional disablement2011

ACJ 2436 (SC)

5 House wife quantum Rs. 3,000/p/m awarded

2011 ACJ 1670 (DEL), Lata Wadhwa, reported in

2001 ACJ 1735(SC)

In case of Arun Kumar Agrawal, reported in

2010(9) SCC 218, Apex Court has awarded

compensation taking monthly income of wife at

Rs. 5,000/p/m.

In the case of women, agriculturist, who met

with an accident in the year 1991, SC awarded

compensation calculated on the basis of monthly

income of Rs.4,500/.

2018 ACJ 538 Laxmi

Nayak v/s. Jugal Kishore

Behera.

6 Principle of assessment of quantum determination of income whether HRA, CCA and MA, paid by employer should be taken in to consideration – held ; yes

2011 ACJ 1441 (SC)

7 Multiplier unmarried son proper multiplier average age of parents to be considered

2011 (7) SCC 65= 2011 ACJ 1990 (SC)= 2011 (3)

SCC (Civil) 529Shyam

Singh but differing views

in P.S. Somnathan v/s Dist. Insurance Officer,

reported in 2011 ACJ 737 and Amrit Bhanu Shali

v/s NI Com., reported in 2012 ACJ 2002 and

Saktidevi v/s NI Com, reported in 2010 (14)

SCC 575 = 2012 (1) SCC (Civ) 766, 2017 ACJ 1855

(SC) – Chikkamma vs. Parvathamma.

8 Loss of dependency deceased lady aged 31 claimant  husband, not financially dependent on the deceased whether he is entitled for compensation for loss of held ; no

2011 ACJ 1734 (DEL)

But in case of Arun Kumar Agrawal, reported

in 2010(9) SCC, Apex Court has awarded

compensation taking monthly income of wife at

Rs. 50000 p/a.

9 Deceased aged 57multiplier of 9 awarded by SC relying on Sarla Verma

10 Tribunal deducted 1/3 from the income of decease contention of IC that as deceased was unmarried, 50% should have been deducted whether Tribunal erred in deducting only 1/3 amount as personal expenditure? Held – no –

2009 ACJ 2359(SC), 2004 ACJ 699 (SC), 2006 ACJ

1058 (SC), 2008 ACJ 1357(SC), 2009 ACJ 1619 (SC)

11Deduction in case of death of bachelor whether

It should be 2/3 or 1/3? – held 1/3 deduction is just and proper2009

ACJ 2359(SC)Deo

Patodi followed

2011 ACJ 2518

12U/ s 168compensation statutory provisions clearly indicates that compensation must be just and it cannot be a bonanza, not a source of profit but the same should not be a pittance1999

ACJ 10 (SC)

13Foreign citizen pound or dollar rate of exchange the rate prevailing on the date of award should be

granted2002

ACJ 1441 (SC) – Patricia Jean Mahajan followed

2011 ACJ 2677, 2017 ACJ 697 (SC) – Divisional

Manager of OI Com vs. Swapna Nayak

But also see 2016 ACJ 1262 (Ker) when deceased

had no permanent job in the foreign country, his

income should not be considered on the basis of

foreign currency 2017

ACJ 668 (Ker)

14Receipt of income in foreign currency Pound Dollar amount of compensation is required to be awarded at prevalent rate of conversion          2012 ACJ 349

15Whether the dependents of agriculturist is entitled for prospective income.Held;Yes

2012 ACJ 1428 (SC) – Santosh Devi

16 Compensation determination of – death of the owner of transport company was managing the company can be managed by the manager in fact, manager was appointed and paid Rs.10,000SC

awarded compensation on that basis and not on the basis of actual income of the deceased.

2012 (3) SCC 613 – Yogesh Devi.