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M. S. SONAK
Siddhu Babu Varak – Appellant
Versus
Navnath K. Bombale – Respondent
JUDGMENT
1. Heard Mr. Salil Saudagar for the Appellants and Ms. Christabel Afonso for Respondent No.3-Insurance Company.
2. The challenge in this appeal is to the judgment and award dated 23rd May 2012 made by the Motor Accident Claims Tribunal, Mapusa (Tribunal) in Claim Petition No. 5/2011.
3. Mr. Saudagar submits that the Tribunal has failed to make an addition towards future prospects and award consortium in respect of each of the dependants. He hands in a chart in terms of which the just compensation would work out to ? 14,33,000/- and not ?9,90,000/-, as awarded by the Tribunal.
4. Ms. Afonso submits that the Tribunal has awarded excess compensation towards loss of estate and funeral expenses. She submits that otherwise, there is no error in the computation of the compensation by the Tribunal.
5. The records show that the insurance company has accepted the impugned award and even paid the compensation in terms of the same. Thus, there can be no serious dispute about the deceased person's annual income and the age.
6. The Tribunal has correctly determined the deceased's annual income at ?1,26,000/-. However, the Tribunal has failed to make an addition of 40% towards future prospects
The court established that compensation for loss of dependency must consider minimum wages, future prospects, and appropriate multipliers, ensuring just compensation for claimants.
There is every requirement to award future prospects. As per the said decision, having regard to the age of the deceased as 25 years as on the date of accident and as he was self-employed, 40% of the....
The main legal point established in the judgment is the assessment and modification of compensation under various heads in accordance with legal precedents and established income of the deceased.
The main legal point established in the judgment is the determination of compensation and interest, and the allocation of compensation among the claimants based on the principles established in relev....
In fatal motor accident claims, the Court holds that notional income must be applied to determine dependency using a multiplier, and that all immediate family members, including siblings, are entitle....
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