IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Shila Devi, Wife of Sri Pappu Thakur – Appellant
Versus
Raja Ram Dokania, Son of Late Kamal Ram Dokania – Respondent
JUDGMENT :
JITENDRA KUMAR, J.
1. 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 f
United India Insurance Co. Ltd. Vs. Satinder Kaur
National Insurance Co. Ltd. v. Pranay Sethi
Royal Sundaram Alliance Insurance Co. Ltd. v. Mandala Yadagari Goud
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 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....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.