Motor Accident
Compensation—Reduction by High Court—Appeal—Assessment of income of deceased—High Court on a very conservative basis assessed the income of deceased at Rs. 20,000 per month, bifurcating the same at Rs. 8,000 per month for supply of milk to the school, Rs. 5,000 per month from agriculture and Rs. 7,000 per month from working as a contractor—Considering the material placed on record by the appellants, income of deceased deserves to be re-assessed as it is established that he was doing multiple works—After the death of deceased, the land was lying barren and was not being cultivated—Assessment of compensation cannot be done with mathematical precision—Motor Vehicles Act also provides for assessment of just and fair compensation—Considering the material placed on record by the appellants and value of the labour being put in by the deceased in agriculture, it would be reasonable to assess his income at Rs. 35,000 per month—Considering his age at the time of death as 52 years on the date of accident, the applicable multiplier would be 11—Appellants are entitled to Rs. 38,81,500 with interest @ 8% from the date of filing of claim petition till realization.
[Paras 14 to 17]