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J. K. MAHESHWARI, RAJESH BINDAL
Maya Singh – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent
JUDGMENT :
(Rajesh Bindal, J.)
1. Leave granted.
2. This appeal has been filed against the impugned order dated 31.07.20191[MA No. 568 of 2015] passed by the High Court2[High Court of Madhya Pradesh at Gwalior] in a motor accident case3[Claim Case No. 65 of 2014]. The Tribunal4[First Additional Motor Accidental Claims Tribunal, Dist. Gwalior (M.P.)] awarded compensation of Rs.28,66,994/- under various heads along with interest @ 7.5% per annum from the date of filing of the claim petition till realisation. However, the High Court reduced the compensation to Rs.19,66,833/- observing that the deceased was to remain in service only for another 02 years and thereafter would have retired. Split method for calculation of dependency was applied.
3. The facts on record are that on 07.03.2014 at about 03.00 p.m., Laxman Das Mahour (deceased) was travelling with his son Jugal Kishore, on a bus. After getting off the bus, he was walking on the road when the offending bus bearing Registration No. MP-06/B-1725 dashed against him. Tragically, Laxman Das succumbed to his injuries at the scene of the accident. The appellants are the family of the deceased, who filed the claim petition seeking compens
Death in motor accident – In normal course, compensation is to be calculated by applying multiplier and not split multiplier – Any deviation from same warrants special reasons to be recorded.
Accident claim - loss of dependency – Entitlement of enhanced compensation amount
(1) A ‘legal representative’ may also include any person who intermeddles with estate of deceased – Such person does not necessarily have to be a legal heir – Legal heirs are persons who are entitled....
The main legal point established in the judgment is the requirement for specific reasons and evidence to apply the split multiplier method and the consideration of potential future employment and ear....
Without assigning any reasons, compensation towards "loss of dependency" cannot be determined by splitting multiplier.
The main legal point established in the judgment is the re-assessment of notional income and enhancement of compensation under various heads to ensure just and reasonable compensation for the claiman....
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