CLX-RAJ-HC-2009-000054
Banshi Lal - Appellant Versus Puran Mal and Ors. - Respondent
Rajasthan High Court · Rajasthan · 10 February 2009
Partly AllowedCore ratio / Key holding
Compensation for injuries and disability under the Motor Vehicles Act, when calculated using the second schedule, should account for monthly income, multiplier, and percentage of disability, along with specific heads for loss of income and grievous hurts, and if the awarded amount is lower, it deserves enhancement.
Headnote
Motor Vehicles Act, 1988 — Section 173 — Compensation — Enhancement — Calculation Method
Issues for determination
- Whether the compensation awarded by the Motor Accident Claims Tribunal for injuries and disability deserves enhancement?
Ratio decidendi
- Compensation for injuries and disability under the Motor Vehicles Act, when calculated using the second schedule, should account for monthly income, multiplier, and percentage of disability, along with specific heads for loss of income and grievous hurts, and if the awarded amount is lower, it deserves enhancement.
Important points
- Appeal for compensation enhancement partly allowed, modifying the Tribunal's award by an additional Rs. 12,104/-.
- Additional enhanced compensation to carry 6% interest from 08.12.2003, increasing to 9% per annum thereafter if not paid within three months.
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