CHENNAI: Applying the theory adopted in deciding the income of an accident victim under the Motor Vehicles Act, the Madras High Court has fixed the monthly income of a custodial death victim at Rs 3,000 and awarded a total compensation of Rs 10.50 lakh to the victim’s wife.
Even though it was contended by the petitioner that her husband Pandian was an agriculturist and there was no proof to show that he was owning agricultural land, Justice S Vaidyanathan said he took into account the principles of motor accident victim compensation cases to arrive at the compensation and fixed it at Rs 10.50 lakh, against the petitioner’s claim of Rs 20 lakh.
According to the petitioner, her husband died in police custody in April 1995. She has three daughters and one son. She claimed that her husband had not committed any offence, much less the one alleged against him and as the death occurred in custody, the petitioner would be entitled to a compensation of Rs 20 lakh.