Need Robust View Of Victim’s Income: Supreme Court Over Motor Accident Aid


The court docket restored the full quantum of compensation in each the instances.

New Delhi:

Taking a liberal view, the Supreme Court has stated whereas awarding compensation in motor accident instances, a sturdy view ought to be taken of the quantum of the earnings of the victims, if he’s a self-cultivating agriculturist or a self-skilled employee.

A bench of justices DY Chandrachud and Hima Kohli handled two instances in enchantment towards the orders of the Kerala High Court, wherein the quantity of compensation awarded by the Motor Accident Claim Tribunal (MACT) was lowered.

In the primary case, the MACT awarded a compensation of Rs 26.75 lakh on January 30, 2017 to the members of the family of the sufferer, who was a pineapple cultivator, after taking his base revenue as Rs 12,000 monthly.

The excessive court docket lowered the revenue computed by the MACT from Rs 12,000 to Rs 10,000.

The bench stated, “In the present case, the deceased was a pineapple cultivator. The accident took place on October 1, 2015. In such matters, a robust view has to be taken of the quantum of earnings since documentary evidence may not be available to specifically prove the quantum of earnings of a self-cultivating agriculturist.” The high court docket, within the order uploaded on its web site not too long ago, stated in its view, the revenue of Rs 12,000 monthly that was adopted by the MACT couldn’t be thought to be “disproportionate or arbitrary”.

“Hence, there was no justification for the high court to interfere with the award by reducing the quantum of income of the deceased from Rs 12,000 to Rs 10,000 per month,” it stated.

The court docket restored the full quantum of compensation of Rs 26.75 lakh and ordered that the stability due and payable to the household of the victimshall be paid inside a month along with curiosity on the charge of 9 per cent every year.

In one other case, the MACT awarded a compensation of Rs 24.59 lakh to the household of the sufferer, who was a carpenter, by taking his base revenue as Rs 15,000 monthly.

The excessive court docket once more lowered the revenue computed by the MACT from Rs 15,000 to Rs 10,000.

The bench stated, “In the present case, the deceased was a carpenter. The accident took place on May 3, 2015. In such matters, a robust view has to be taken on the quantum of earnings since documentary evidence may not be available to specifically prove the quantum of earnings of a self-skilled worker.” It added that the revenue of Rs 15,000 monthly that was adopted by the MACT couldn’t be thought to be disproportionate or arbitrary and therefore, there was no justification for the excessive court docket to intrude with the award by decreasing the quantum of earnings of the deceased from Rs 15,000 to Rs 10,000 monthly.

It stated in view of the circumstances, it’s restoring the full quantum of compensation of Rs 24.59 lakh and directed that the stability due and payable to the appellant shall be paid inside a month along with curiosity on the charge of 9 per cent every year.

(Except for the headline, this story has not been edited by NDTV employees and is revealed from a syndicated feed.)



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