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IN THE HIGH COURT OF JUDICATURE AT PATNA
JITENDRA KUMAR
Sahdeo Prasad @ Ravindra Kumar. S/o Late Lal Kishun Singh – Appellant
Versus
English Prasad, S/o Lal Mohan Rai – Respondent
| Table of Content |
|---|
| 1. background of motor accident and claim (Para 1 , 2 , 3 , 4) |
| 2. procedural history and issues framed (Para 5 , 6) |
| 3. appellants' arguments for higher compensation (Para 12 , 13) |
| 4. analysis of income and age of the deceased (Para 14 , 15 , 16 , 17) |
| 5. determination of just compensation principles (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 6. final computation and order (Para 24 , 25 , 26) |
| 7. conclusion of the appeal (Para 27 , 28) |
JUDGMENT :
The present Miscellaneous Appeal under Section 173 of the Motor Vehicles Act has been preferred by the appellants, who were Claimants before the Motor Accident Claim Tribunal, against the judgment/award dated 18.06.2013, passed by learned Additional District and Sessions Judge-XIV- cum-Motor Accident Claims Tribunal, Patna in Claim Case No. 31 of 2010, whereby learned Tribunal has awarded the compensation of Rs. 2,73,500/- to the Claimants, who are appellants herein, payable by the Insurance Company, who is Respondent No. 3 herein, along with interest @ 6% per annum from the date of filing of the claim case i.e. 19.01.2010. The appellants have filed this appeal for higher amount of compensation. However, they have already received the total
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.
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 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 ....
Point of Law : A child, who has advanced into matured adulthood, is married or otherwise in the mainstream of life, would not be entitled to compensation under that head.
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