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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
HONBLE JUSTICE R. W. JOSHI
Kiran Wd/o Bhaskar Shinganjude – Appellant
Versus
Saleem Khan S/o Chhajua Khan – Respondent
JUDGMENT :
[ROHIT W. JOSHI, J.]
Heard. Admit. Heard finally by consent of both the learned counsel for the parties.
(2) The petitioners in Motor Accident Claim Petition No.236 of 2011, have filed the present appeal under Section 173 of the Motor Vehicles Act, 1988, seeking enhancement in the amount of compensation, granted by the learned President, Motor Accident Claims Tribunal, vide judgment and award dated 07.08.2018 in the said claim petition. The appellant No.1 is widow, appellant Nos.2 & 3 are daughters and appellant No.4 is mother of deceased Bhaskar Anandrao Shinganjude, who died in a road accident on 01.09.2009.
(3) The respondent No.1 is owner of the offending vehicle which was insured with the respondent No.2 on the date of the accident. The learned Tribunal has awarded compensation to the tune of Rs.52,23,520/- along with interest @ 7.5% per annum from 04.03.2011 i.e. date of presentation of the claim petition, till the date of realization of the amount. As stated above, the claimants seek enhanced compensation in the present appeal, since they are dissatisfied with the quantum of compensation awarded. The respondents have not challenged the judgment and award.
(4) The learn
Compensation in motor accident cases must include all income components, excluding only income tax and professional tax, and future prospects should be factored into the multiplicand for just compens....
The court ruled that the deduction for personal expenses of a bachelor is typically 50%, and the appropriate multiplier for compensation calculation is determined by age, affirming the principle of j....
The court clarified the principles for determining compensation in motor accident cases, including the inclusion of dependents, calculation of future prospects, and awarding compensation under the co....
The main legal point established in the judgment is the application of Rule 220-A(3) of the Rules of 1998 for determining future prospects and the use of the multiplier as per the Second Schedule to ....
Point of law: All the judgments apply retrospectively except otherwise provided. It is well established principle of law that the principle of prospective operation of over ruling of judgment, does n....
The court established that dependency must be proven for compensation claims, the correct multiplier for age is crucial, and future prospects should be included in compensation calculations under the....
The main legal point established in the judgment is the application of legal principles related to compensation under the Motor Vehicles Act, specifically focusing on loss of dependency, future prosp....
Point of law: Where there is positive evidence of income and where minimum income is determined on guesswork in the facts and circumstances of a case.
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