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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
AJIT B.KADETHANKAR
Divisional Controller Maharashtra State Road Transport Corporation Division Office, At Aurangabad – Appellant
Versus
Govind s/o Shivram Wagh – Respondent
JUDGMENT :
AJIT B. KADETHANKAR, J.
Feeling aggrieved by the judgment and award dated 31.12.2015, passed by the learned Member, Motor Accident Claims Tribunal, Aurangabad in Motor Accident Claim Petition No.241 of 2015, the original respondent no.1/M.S.R.T.C. is in appeal under Section 173 of the MOTOR VEHICLES ACT , 1988.
So also, feeling dissatisfied with the quantum of compensation, the claimants in the claim petition are before this Court seeking enhancement in the compensation vide Cross Objection No.200 of 2025.
Since the grievance in both the proceedings is common i.e. “quantum : either excess or deficit” respectively, both the matters are heard together and decided vide this common judgment and order.
Parties are referred to as per their “factual status”for the sake of convenience.
2 . Moot points for consideration :
(i) Applicability of future prospects to deemed income;
(ii) Interest of future prospect;
(iii) Ascertaining income of a student of professional course;
(iv) Method to assess age of the deceased and appreciation of evidence to that effect.
3 . Facts in brief:
3.1 One Ganesh Wagh was proceeding on his bike on 25.02.2015 on Sillod-Aurangabad road at bout 07:00 p.m. A passen
The court established that compensation must consider future income prospects, especially for students with high potential, and emphasized the need for realistic assessments of earning capacity while....
(1) Determination of income while computing compensation has to include future prospects.(2) Multiplier has to be adopted/applied considering age of deceased and not age of parents.(3) Fatal accident....
Compensation under the Motor Vehicles Act must be just, fair, and reasonable, considering future prospects and qualifications of the deceased.
The court upheld the Tribunal's compensation award, emphasizing the importance of considering future earning potential and just compensation principles for qualified individuals in motor accident cas....
The main legal point established in the judgment is that the deceased, a student of Bachelor of Engineering, should not have been treated as a skilled labour/daily wager for the purpose of compensati....
The appropriate income, future prospects, and multiplier for calculating compensation under the Motor Vehicles Act were determined based on legal principles established in previous cases.
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