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MANMOHAN, DIPANKAR DATTA
Nilofar – Appellant
Versus
Sarika Arora – Respondent
| Table of Content |
|---|
| 1. compensation awarded based on accident victim's dependency (Para 2 , 3 , 4) |
| 2. appellant's claims regarding compensation calculations (Para 5 , 6) |
| 3. future prospects and statutory interpretations on compensation (Para 7 , 8 , 9) |
| 4. interest on compensation as a component of justice (Para 10 , 11) |
| 5. final order for enhanced compensation with interest (Para 12 , 14 , 15 , 16) |
ORDER :
1. Leave granted.
2. The appellant is the widow of a fatal road accident victim. At the time of the accident, which occurred on 14th August, 2012 and led to his instant death, the victim was 28 years old. Apart from the appellant, the victim left behind him his two minor children, aged father, unmarried brother and sister.
3. The jurisdiction of the Motor Accident Claims Tribunal, Kanpur Nagar, Uttar Pradesh [MACT] was invoked by the appellant by filing an application [M.A.C.P. No.75 of 2013] under section 166 of the MOTOR VEHICLES ACT , 1988 [the Act]. She claimed Rs.52,65,000.00 as compensation. On 3rd April, 2017, the MACT allowed the application in part. A sum of Rs. 6,63,000.00 was awarded as compensation to the appellant together with interest @ 7% p.a. from the date of filing of the a
The entitlement to just compensation, not restricted by the claimed amount, as supported by the Motor Vehicles Act and previous judgments.
The main legal point established in the judgment is the court's authority to award just compensation exceeding the claimed amount under the Motor Vehicles Act, 1988, and the need for a realistic appr....
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