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Accident compensation must restore normalcy as far as possible

The Bombay High Court has observed that the object of awarding monetary compensation to a family which has lost its sole bread-winner is to ensure that the surviving members can lead a normal life at least financially.

"The object of awarding compensation is to restore the dependents/claimants to the pre-accidental position as far as possible by compensating the victim's family in monetary terms for the loss of their only bread-earner member," Justice A P Bhangale said in a ruling last week.

The court increased the compensation awarded to a family from Ratnagiri from Rs 8.8 lakh to Rs 13.8 lakh. The order was passed on an appeal filed by Darshana Kanavaje, who lost her husband, Ganesh, in an accident in 2008 when a state transport bus rammed into him.

In May 2010, the Motor Accident Claim Tribunal at Ratnagiri directed the Maharashtra State Road Transport Corporation to pay Rs 8.8 lakh to the family, which comprised Darshana, the couple's three minor children, and Ganesh's parents.

Advocate Rajesh Patil, her lawyer, argued that Ganesh, who ran a grocery shop, was a regular Income Tax payer. Ganesh's tax consultant deposed before MACT to state that his income was gradually increasing and his average annual income was calculable at Rs 90,000 per year.

Justice Bhangale, while enhancing the amount, observed that it was the duty of the tribunal to award fair and reasonable compensation.

"In such cases the dependents are often left behind to face impoverishment due to sudden impecunious circumstances after having lost their sole bread-earner. They need to satisfy the basic needs. It is indisputable that increasing inflation makes it increasingly difficult for people to survive," the High Court observed.

Article referred: http://www.business-standard.com/article/pti-stories/accident-compensation-must-restore-normalcy-as-far-as-possible-113110700794_1.html

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