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JITENDRA KUMAR
Manju Devi – Appellant
Versus
United India Insurance Company Ltd. – Respondent
Jitendra Kumar, J.—The present Miscellaneous Appeal under Section 173 of the Motor Vehicles Act has been preferred by the Appellants, who were Claimants before the Motor Vehicles Accident Claim Tribunal, against the judgment/Award dated 18.01.2016 passed by learned District Judge-cum-Motor Vehicles Accident Claim Tribunal, Rohtas at Sasaram, in M.V. Claim Case No. 96 of 2013 whereby learned Tribunal has awarded total compensation of Rs.05,01,500/- along with interest @ 9 % per annum from the date of filing of the Claim Case till its payment. The compensation has been directed to be paid by the insurance company/Respondent No.1 herein to the Claimants/Appellants herein. The share of the minor Claimants - Claimant Nos. 2, 3 and 4/Appellant Nos. 2, 3 and 4 herein have been directed to be deposited in a nationalized Bank under the Fixed Term Deposit Scheme, payable to them on their attaining majority.
2. The Claim Case was filed by the Appellants before the Motor Accident Claims Tribunal, on account of death of one Baliram Singh @ Purnawashi Singh in a Motor Accident. The Appellant No. 1, Manju Devi/ Claimant No. 1 is widow of the deceased Baliram Singh @ Purnawashi Singh, whereas Appel
Compensation for loss of dependency must include future prospects, the appropriate multiplier must reflect the deceased's age, and conventional heads should follow established judicial guidelines.
The court established that compensation in accident cases must reflect loss of dependency, age, and conventional heads as outlined in precedents, leading to a final compensation amounting to Rs. 5,40....
The court clarified that future prospects must be factored into compensation calculations for accident victims, aligning with established legal principles for just compensation.
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 ....
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