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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
R.M.Joshi
Chandrabhagabai Narayan Patil – Appellant
Versus
S.Hardev Singh – Respondent
R. M. JOSHI, J.
1. This Appeal under Section 173 of Motor Vehicles Act is filed for enhancement of compensation on a limited ground that the Tribunal having applied incorrect multiplier while arriving at compensation amount. Similarly, during the course of hearing, learned counsel for the Appellants, by relying upon the judgment of Hon’ble Supreme Court in case of National Insurance Co. Ltd. vs. Pranay Sethi and others, (2017) 16 SCC 680, seeks additional 10% future prospects to be considered for the purpose of calculation of amount of compensation.
2. Learned counsel for Respondent-insurer vehemently opposed the Appeal by contending that at the relevant point of time, considering the law then prevailing, the Tribunal has not committed any error in order to cause interference in the impugned award.
3. There is no dispute about the fact that Claim Petition No. 311/2002 came to be filed for seeking compensation on account of death of deceased Narayan in an motor vehicular accident which occurred on 1.11.2001. Contention with regard to involvement of the offending vehicle and its ownership is not in dispute. Similarly, evidence led before the Tribunal indicates that no dispute
The appropriate multiplier for calculating compensation must consider the age of the deceased, and 10% future prospects should be included in the compensation amount.
The main legal point established in the judgment is the correct approach to determining the multiplier and the entitlement to enhanced future prospects in calculating compensation for fatal injuries ....
Compensation for death in motor accidents must include future prospects and non-pecuniary damages, with the multiplier adjusted based on the deceased's age.
The main legal point established in the judgment is the application of relevant Supreme Court judgments to determine the competency of the tractor driver and the calculation of compensation based on ....
The main legal point established in the judgment is the application of the principles from Sarla Verma and Pranay Sethi cases to calculate compensation under the Motor Vehicles Act.
The applicable multiplier for compensation under the Motor Vehicles Act, 1988 must be determined based on the age of the deceased, as established in the decisions of Pranay Sethi(supra) and Sarla Ver....
The appropriate multiplier for compensation in motor accident claims should be based on the deceased's age, with additional allowances for future prospects and non-pecuniary damages.
The court reinforces the necessity to include future prospects in compensation calculations under the Motor Vehicles Act.
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