RAJIV ROY
Bageshwar Kumar – Appellant
Versus
Mehta Road Line – Respondent
Rajiv Roy, J.—
I.A. No. 2661 of 2017
The aforesaid interlocutory application has been preferred for condoning the delay of 123 days in filing the present appeal.
2. In view of the averments made in the petition, the delay of 123 days in filing the appeal is condoned and I.A. No. 2661 of 2017 is allowed.
M.A. No. 1238 of 2016
The present appeal has been preferred against the order and judgment dated 30.11.2015 and the award dated 17.03.2016 passed by learned Additional District Judge- 14th, Patna in Claim Case No. 115 of 2010 by which the it has been complained that only Rs. 8,23,500/- with interest was paid and the claimants-appellants were also entitled to the future prospects in view of the judgment of the Hon'ble Apex Court.
2. The matrix of facts giving rise to present appeal is/are as follows:—
3. The wife of appellant no.1 namely, Lalita Kumari died in motor vehicle accident on 13.09.2008 while she was travelling in a Sumo jeep alongwith family from Rishikeshwar to Shighnapur when it dashed with a Tanker bearing registration no. MH-04-BG-7643 resulting into her death. Accordingly, the F.I.R was registered bearing Nasik Road P.S. Case No. 169 of 2008 dated 14.09.2008 and subsequently
Motor Accident - High Court, after making a substantial enhancement in the award amount, modified the interest component at a reasonable rate of 7.5% p.a. and we find no reason to allow the interest ....
The main legal point established in the judgment is the application of multipliers and assessment of future loss of income and non pecuniary damages in fatal accident compensation cases.
Point of Law : Accident claim - Purpose of keeping compensation is to safeguard the interest of the claimants. As long time has elapsed, the amount be deposited in the Saving Account of claimants in ....
The court applied the principles established in National Insurance Company Limited vs. Pranay Sethi & Ors, (2017) 16 SCC 680, regarding compensation entitlement in motor accident cases.
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