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JITENDRA KUMAR
Shila Devi – Appellant
Versus
Raja Ram Dokania – Respondent
Jitendra Kumar, J.—The present Miscellaneous Appeal has been preferred against the impugned judgment/award dated 05.08.2019 passed by learned District Judge-cum-Motor Accident Claim Tribunal, Bhagalpur in Claim Case No. 98 of 2017, whereby learned M.A.C.T., Bhagalpur has directed the insurance company, who is the Respondent No.3 herein, to pay an amount of Rs. 6,33,000/- to the claimants, who are Appellants herein, as compensation on account of death of one Ashu Raj Kumar @ Ashu Raj @ Shrawan Kumar in a motor accident along with interest @ 8 per cent per annum from the date of filing of the petition. The payment of Rs. 50,000/- already made towards interim compensation has been directed to be adjusted against the total compensation amount and the compensation was directed to be paid within sixty days from the date of the order.
2. As per the statement of learned counsel for the Appellants, the total compensation amount as directed by learned Tribunal has been already received by the Appellants from the insurance company. However, being dissatisfied by the quantum of the compensation, the Appellants have preferred this appeal under Section 173 of the Motor Vehicle Act for getting enh
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 clarified that future prospects must be factored into compensation calculations for accident victims, aligning with established legal principles for just compensation.
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 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 ....
The court ruled that the deduction for personal expenses of a bachelor is typically 50%, and the appropriate multiplier for compensation calculation is determined by age, affirming the principle of j....
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