A Bench of Justices GS Singhvi and Asok Kumar Ganguly announcing the verdict enhanced the compensation amount from Rs 11.82 lakh to Rs 18 lakh to be awarded to the three sons and mother of the deceased V Rajagopalaiah. A senior assistant with Karnataka Electricity Board, Rajagopalaiah, 53, was killed on October 4, 1998 when the rashly driven van rammed into him.
His family had subsequently approached the Motor Accident ClaimsTribunal which awarded Rs 14.27 lakh as compensation after taking into account his monthly salary of Rs 15,000, loss of love and affection, besides other expenses. Aggrieved with the order the family and insurance firm approached the HC which, in turn, further reduced the compensation amount to Rs 11.82 lakh. The family then challenged the verdict in the SC.
The Bench said: “The case stands on different factual basis where there is incontrovertible evidence on record that the deceased was entitled and in fact bound to get a rise in income in the future.” It said the case came within the “exceptional circumstances” and relied upon the statement of one of the sons of the deceased who stated that in 2003, the year of his father’s retirement, his salary would have reached Rs 20,000.
The verdict
*Apex court enhances compensation amount from Rs 11.82 lakh to Rs 18 lakh
* Apex court rules deceased was bound to get a rise in income in the future, a fact corroborated by evidence on record
* Originally, the Motor Accident Claims Tribunal had awarded Rs 14.27 lakh as compensation
* Family and insurance firm approach Karnataka High
Court which reduced the amount of compensation to Rs 11.82 lakh