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Kala Devi v. Bhagwan Das Chauhan

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 9972 of 2014)Decided 31 Oct 2014
Civil Appeal No. 9972 of 2014
Justice V. Gopala Gowda · Justice Adarsh Kumar Goel

Background

A 25-year-old licensed driver died when a vehicle slipped on a snowy road as he helped push it. His wife, two minor children and mother sought compensation. The Tribunal assessed his income at Rs.3,000 monthly, and the High Court increased the total award to Rs.6,99,800, which the family challenged as inadequate.

Decision Breakdown

The Supreme Court allowed the appeal and increased compensation to Rs.14,61,800 with 9% annual interest from the claim application's date until payment. It treated driving as skilled work and accepted Rs.9,000 monthly income, then applied the deductions and multiplier stated in the judgment to calculate dependency loss of Rs.10,36,800. It added the specified amounts for consortium, estate, the children's loss of love and affection, and funeral expenses. The insurer had to pay or deposit the balance within six weeks, after credit for payments already made, with equal apportionment among the claimants.

Lesson Learnt

An accident-compensation assessment should reflect the deceased's actual skills and earning circumstances rather than an unsupported low income figure. The amounts and calculation in this 2014 ruling are specific to its facts and should not be treated as today's standard compensation schedule.

Official source (sci.gov.in)View Judgment (PDF)

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