Kolkata: Calcutta HC on Wednesday set aside the compensation amount fixed by the Motor Accident Claims Tribunal and factored in multipliers in the light of a Supreme Court order to increase the compensation amount of an 80% disabled accident victim and reset it to Rs 4,00,200.
The factors include the multiplier, victim's annual income, his loss of earnings, future prospect, expenses towards medical treatment and non-pecuniary damages. The tribunal had fixed the compensation at Rs 30,200.
In 2012, victim Madhab Ghosh's bike was dashed by a mini truck. Ghosh's wife, the petitioner, claimed that he got crippled and lost his earning capacity. She had moved the tribunal seeking a Rs 5 lakh compensation.
Her counsel Uday Shankar Chattopadhyay submitted that the victim could not depose before the tribunal because of his 80% disability. Justice Prasenjit Biswas noted that his monthly income was Rs 4500. "I am of the opinion that the income claimed by the victim is reasonable and should be accepted. The victim is further entitled to an amount equivalent to 40% of his annual income towards future prospects since at the time of accident he was aged about 38 years and was self-employed." Justice Biswas observed.