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SUNIL DUTTA MISHRA
Pramod Ram son of Late Ram Bihari – Appellant
Versus
Rajeev Kumar son of Ram Chandra Yadav – Respondent
JUDGMENT :
Sunil Dutta Mishra, J.
Heard Learned counsel for the appellants and learned counsel for the respondent nos.3 & 4 /Insurance Company.
2. This Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “Act of 1988”) on behalf of the claimants for enhancing the compensation amount awarded to claimants/appellants by the learned Additional District Judge-I-cum-M.A.C.T, Bhagalpur (hereinafter referred to as “Learned Tribunal”) vide judgment dated 16.12.2017 and award dated 16.01.2018 passed in Claim Case No.196 of 2015 (Trial No.62 of 2016).
3. The facts, in brief, are that Dilkhush Kumar, who was the son of the claimants/appellants died in motor accident on 28.07.2015 at 10:30 a.m. near Pakhariya village, Prvauti Dharmkanta, Main Road, Pirpathi P.S., District Bhagalpur by the offending Truck bearing Registration No.BR-10GA-4025. It is alleged that the driver of the offending vehicle was driving it rashly and negligently. Respondent no.1 is the owner and respondent no.2 is the driver of the offending vehicle and respondent nos.3 and 4 are officials of National Insurance Company Limited. It is claimed by the appellants that th
The court established that the appropriate multiplier for compensation must reflect the deceased's age, and future prospects should be included in compensation calculations as per established legal p....
Accident claim - Multiplier to be used should be as provided in column 4 of the judgment. Multiplier prescribed for the age group of 21-25 years is 18.
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.
The main legal point established in the judgment is the reliance on oral testimony to determine the deceased's income and the application of established legal principles to modify the compensation am....
Income tax returns can be relied upon for assessing compensation, and future prospects are applicable even for non-permanent jobs.
Point of law: Motor Vehicles –Motor Vehicles Act is a beneficial legislation aimed at providing relief to the victims or their families, in cases of genuine claims. In case where a parent has lost th....
The court established that a correct assessment of income and consideration of future prospects is essential for calculating just compensation for claims under the Motor Vehicles Act.
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