2015 AAC 2058 (GUJ)

Gujarat High Court

Hon'ble Judge(s): Jayant Patel, G. B. Shah , JJ

( A ) Motor Vehicles Act (59 of 1988) S. 168 — Compensation — Enhancement — Apportionment — Deceased was driving motorcycle with pillion rider dashed with car resulting into his death — Deceased was practicing lawyer for three years — Prospective income of deceased considered as Rs. 6,000/- p.m. — Deducting 1/4th towards personal expenses economic loss amounts to Rs. 54,000/- p.a. — Adding Rs. 1,00,000/- towards loss of consortium and loss of love and affection and loss of estate — Applying multiplier of 16 total amount becomes Rs. 8,64,000/- — Apportioning liability to 40% to deceased and 60% to driver of car and insurer — Claimant is entitled to get enhanced compensation from Rs. 5,07,600/- to Rs. 5,78,000/-. AIR 2006 (NOC) 1278 (Guj), AIR 2009 SC 3104, Relied on. (Paras8910)