Legal

Meena (Dead) Represented Thr. Lrs. VS Prayagraj

Motor Vehicles Act (59 of 1988) , S.168— Motor accident – Enhancement of compensation – Assessment of disability at 100% was accepted by Tribunal as well as High Court – Death occurred during pendency of appeal – As deceased at time of accident was 50 years old, multiplier of 13 was applied – Tribunal and High Court had adopted monthly income of Rs.3,000/- for deceased, a married woman who had no regular employment – High Court marginally enhanced amount under head of pain and suffering and towards loss of amenities and for future medical treatment – Considering fact that deceased had survived almost 19 years in a vegetative state and there were medical bills produced for treatment undergone subsequently, all of which could not be said to be direct consequence of accident, there was scope for further enhancement – Additional amount of Rs.1 lakh for future treatment was added – Compensation was enhanced accordingly.

MA No. 824 of 2014, D/- 8.2.2019 (MP)-Partly ReversedAIR 2021 SC 3913-Relied on(Paras 3467)

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