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SANJAY KAROL, PRASHANT KUMAR MISHRA
Sadhana Tomar – Appellant
Versus
Ashok Kushwaha – Respondent
| Table of Content |
|---|
| 1. facts surrounding the accident and compensation claim. (Para 2 , 3 , 4 , 5 , 6) |
| 2. assessment of income and multiplier controversy. (Para 8 , 10 , 12) |
| 3. court's observations on dependency and compensation rationale. (Para 9 , 11 , 13 , 14 , 15 , 16) |
| 4. final decision on compensation calculations. (Para 17 , 18) |
ORDER :
1 year 10 months 3 years 10 months 1 year 10 months
1. Leave Granted
3. The brief facts giving rise to this appeal are that : on 25th September 2016, the deceased, namely Dheeraj Singh Tomar, aged 24 years, was travelling in an Auto bearing registration No. MP 30-R-0582 (hereinafter referred to as the "offending vehicle") along with other passengers. The driver of the offending vehicle was driving rashly and negligently, overturned the offending vehicle at Gohad Chauraha Road near Gautum Nagar, Bajrang Washing Centre at Gwalior, due to which the deceased died on the spot and the other passengers suffered injuries.
5. The Tribunal by its Order dated 9th October 2018, observed that Respondent No.1 and 2 are jointly and severally liable to pay compensation as the driver, at the time of accident, was driving the vehicle without a valid and effective driving l
The court established that compensation for loss of dependency must consider the deceased's potential income and appropriate deductions based on the number of dependents, affirming a broader interpre....
Major married and earning sons of a deceased can claim compensation irrespective of dependency status, affirming their legal right as representatives.
Income Tax Returns are essential statutory documents for determining compensation in motor accident claims, overriding previous assessments.
The main legal point established is the entitlement of legal representatives to claim compensation under Section 166 of the Motor Vehicles Act, 1988, irrespective of dependency.
The court established that oral evidence is crucial for determining income in compensation claims, emphasizing the need for accurate assessment of disability.
Death in motor accident – Just compensation – Even in absence of definite proof of income, social status of deceased is to be kept in perspective where such persons are employed in unorganized sector....
(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....
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