NEW DELHI: The Supreme Court on Thursday said there is n o r estriction on a tribunal/ court to award compensation that exceeds the amount claimed by the victim’s family in road accident cases and awarded a solatium of Rs 5 lakh despite the family of a 12-year old boy who died in an accident claiming for Rs 2 lakh.
Enhancing the amount of compensation, a bench of Justices Sanjiv Khanna and K Maheshwari said the amount should be just and reasonable as per law, irrespective of the amount claimed.
“ . . . there is no restriction that the tribunal/court cannota ward compensation exceeding the amount so claimed. The tribunal/court ought to award ‘just’ compensation which is reasonable in the facts relying upon the evidence produced on record. Therefore, less valuation, if any, made in the claim petition would not be impediment to award just compensation exceeding the claimed amount,” the bench said while referring to apex court’ s earlier ruling.
In this case, the Motor Accidents Claims Tribunal (MACT) had awarded lump sum compensation of Rs 1. 5 lakh to the family which was enhanced to Rs 2 lakh by Jharkhand high court, up to the value of the claim petition. Noting that the deceased was a brilliant student and was studying in a private school, the court said that his notional earning should be considered at Rs 30,000 per month for deciding loss of income for the family.
“In our view, the said amount of compensation is not just and reasonable looking at the computation made he reinabove. Hence, we determine the total compensation as Rs 5 lakh,” the bench said.
Enhancing the amount of compensation, a bench of Justices Sanjiv Khanna and K Maheshwari said the amount should be just and reasonable as per law, irrespective of the amount claimed.
“ . . . there is no restriction that the tribunal/court cannota ward compensation exceeding the amount so claimed. The tribunal/court ought to award ‘just’ compensation which is reasonable in the facts relying upon the evidence produced on record. Therefore, less valuation, if any, made in the claim petition would not be impediment to award just compensation exceeding the claimed amount,” the bench said while referring to apex court’ s earlier ruling.
In this case, the Motor Accidents Claims Tribunal (MACT) had awarded lump sum compensation of Rs 1. 5 lakh to the family which was enhanced to Rs 2 lakh by Jharkhand high court, up to the value of the claim petition. Noting that the deceased was a brilliant student and was studying in a private school, the court said that his notional earning should be considered at Rs 30,000 per month for deciding loss of income for the family.
“In our view, the said amount of compensation is not just and reasonable looking at the computation made he reinabove. Hence, we determine the total compensation as Rs 5 lakh,” the bench said.