Compensation Enhanced – Notional Income Considered – Interest @ 7.5% – Multiplier Applied – Supreme Court Directed Payment After Deducting Delay Period

Case Note & Summary

Motor Vehicles Act, 1988 – Section 166 – Claimant Entitled to Just Compensation – High Court’s Reliance on Minimum Wages Reversed – Notional Income Fixed at ₹10,000/- Per Month – Compensation Enhanced from ₹23,90,719/- to ₹34,56,103/- – Interest Remained @ 7.5% Per Annum – Appeal Allowed – Supreme Court Directed Deduction of 642 Days Delay in Payment Calculation.

Constitution of India, 1950 – Article 142– Power Exercised to Grant Complete Justice – Notional Income Fixed for an Engineering Student – Reliance on Precedents – Harpreet Singh Case Applied. Motor Vehicles Act, 1988 – Section 166– Compensation Enhanced by Supreme Court – Tribunal’s Award of ₹7,09,303/- Modified – High Court’s Enhancement to ₹23,90,719/- Revisited – Notional Monthly Income Assessed at ₹10,000/- – Multiplier of 18 Applied – Final Compensation Recalculated at ₹34,56,103/- – Interest @ 7.5% Ordered – Delay of 642 Days Excluded from Interest Computation. Code of Civil Procedure, 1908 – Order XLI Rule 33– Appellate Court’s Discretion in Modifying Award – Just Compensation Assessed Based on Supreme Court’s Precedents. Indian Penal Code, 1860 – Sections 279, 337, 304-A, 427– Criminal Case Registered – Negligence Established – Driver, Owner, and Insurer Held Jointly Liable – Insurance Company Directed to Pay Entire Compensation.

Held – Supreme Court Modified Compensation to ₹34,56,103/- – Interest @ 7.5% Per Annum Ordered – Delay Period Excluded – Appeal Allowed. (Para 8, 9, 10)

Issues Considered:

a. Whether reliance on minimum wages for compensation calculation was justified?b. Whether the notional income should be fixed at ₹10,000/- per month?c. Whether enhancement of compensation from ₹23,90,719/- to ₹34,56,103/- was warranted?d. Whether interest should be awarded after deducting 642 days of delay?