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RAJNISH BHATNAGAR, RAJNISH BHATNAGAR
Kathija Khatoon – Appellant
Versus
Ufc Projects Pvt. Ltd. (M/s. United India Insurance Co. Ltd. ) – Respondent
JUDGMENT
Rajnish Bhatnagar, J.
1. The present appeal has been filed under Section 173 of the Motor Vehicle Act, 1988 against the Award dated 04.09.2019 with the following prayers:
"(a) To admit the appeal and summon the original records of Judgment/ Final Award dated 04.09.2019 passed by Ms. Himani Malhotra, Ld. PO MACT 02, West District, Tis Hazari courts, New Delhi in Petition No. 78028/2016 titled Khatija Khatoon & Ors Vs YFC Projects Pvt. Ltd. & Ors for enhancement of award.
(b) To enhance the award amount.
(c) To award costs of the appeal in favour of the Appellant
and against the respondents; and
Any other order[s]relief[s] which the Hon'ble court deems fit and proper, in the facts and circumstances of the case be also passed in favour of Appellant and against the respondent."
2. It is submitted by learned counsel appearing for the appellants that learned Tribunal has granted compensation on the lower side under the head of Loss of Consortium. It is further submitted that learned Tribunal has only awarded Rs. 40,000/- in total to all the claimants instead it should have granted Rs. 40,000/- each to all the claimants under the said head. In support of his contentions, he has relie
The court's decision was influenced by the need to ensure reasonable and just compensation for Loss of Consortium, Loss of Estate, and Funeral Expenses, as established in the relevant judgments.
Compensation must adhere to established precedents regarding conventional heads, with love and affection encompassed in loss of consortium, and accurately quantify loss of estate, as per Supreme Cour....
The main legal point established in the judgment is the modification of compensation amounts for loss of consortium and love and affection based on relevant legal provisions and settled legal princip....
The court established that compensation calculations under the MV Act must consider actual income, appropriate deductions, future prospects, and the right to consortium for dependents.
Consistency in awarding compensation under conventional heads and the correct assessment of the deceased's annual income are crucial in determining fair compensation under the Motor Vehicles Act.
Loss of love and affection is included in loss of consortium, and separate compensation for it is not justified.
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