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2015 (9) TMI 167 - SC - Indian LawsQuantum of compensation - Compensation under Motor Vehicles Act, 1988 - Held that:- Tribunal and the High Court have failed to consider the fact-situation of this case, without taking any pragmatic view and further without considering the price-index prevailing at the moment, assessed the compensation ignoring the principle laid down by this Court in the recent decisions and without revisiting the present situation, came to the conclusion and awarded the total compensation for a sum of 4,28,000/-. In our opinion, such award suffers from proper assessment of compensation awarded by the Tribunal, and High Court on the conventional heads, i.e., ‘loss of consortium’ to the spouse, ‘future prospects of the deceased’ and further the sum awarded under the head ‘funeral expenses’, cannot be said to be a just compensation. - compensation under the head ‘loss of consortium’ to the spouse, loss of love, care and guidance to children and funeral expenses amounts should have been awarded under such heads, that is, for 1,00,000/- and 25,000/- respectively and we award such compensation under the said heads. So far as the head of ‘salary’ is concerned, we do not express any opinion since we have found that the appellant could not prove the salary certificate and for such reason, we do not intend to interfere with the opinion expressed by the Tribunal on the established principle of notional income and accordingly, we do not want to disturb the said notional income while calculating the total compensation in favour of the appellant. - appellant is entitled to a sum of 6,55,400/- plus interest @ 8 per cent per annum from the date of filing of the claim petition till the date of payment as compensation. - Decided partly in favour of appellant.
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