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SANDEEP MEHTA, JOYMALA BAGCHI
Rahul – Appellant
Versus
Kailashchandra – Respondent
ORDER
1. Heard.
2. Leave granted.
3. The appellant-claimant has approached this Court, by way of this appeal with special leave, seeking enhancement of the compensation awarded to him pursuant to the death of his father, Shri Kamlesh Kumar Jain, in a road traffic accident that took place on 4th June, 2015. The Claim Application [Claim Case No. 380 of 2015.] was filed by the appellant, his mother, Smt. Shakuntala (wife of the deceased) and Smt. Mohanbai (mother of the deceased), seeking 1,02,55,000/- (Rupees One Crore Two Lakh Fifty Five Thousand only) as compensation pursuant to death of Shri Kamlesh Kumar Jain in the road traffic accident.
4. The IXth Member, Motor Accident Claims Tribunal, Indore [Hereinafter, referred to as ‘Tribunal.’] (Madhya Pradesh) vide award dated 7th May, 2022, partly allowed the claim application and granted compensation to the tune of Rs.9,52,432/- (Rupees Nine lakh fifty-two thousand four hundred thirty-two rupees only) to the claimants, treating Shri Kamlesh Kumar Jain as an unskilled labourer and assessing his monthly income at Rs. 5,939/-, based on the schedule of daily wages prevailing in the State of Madhya Pradesh.
5. It may be stated that in support
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
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The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
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The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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