Back
GAURANG KANTH
Shriram General Insurance Co. Ltd. – Appellant
Versus
Bimlesh – Respondent
JUDGMENT
Gaurang Kanth, J. The present appeal has been preferred by the Appellant under Section 173 of the Motor Vehicles Act, 1988 against the Award dated 29.04.2014 passed by the Court of learned Presiding Officer, Motor Accident Claims Tribunal, Saket Courts, Delhi in Suit No. 221/2013 ("impugned award").
2. Facts borne out of the records are that on 13.06.2013 at around 12.30 pm, deceased Prem Singh driving his motorcycle no. DL 3S CN 2327, carrying claimant Bimlesh as pillion rider was going from Delhi towards his native village, when reached near bridge of Noorpur, PS Tapple, Distt. Aligarh, UP, on the natures call of the claimant Bimlesh, deceased stopped the motorcycle on the side of the road, at the same time offending truck bearing no. UP 78 BT 9012 driven by Respondent No. 8 in rash and negligent manner came at a fast speed and hit the deceased and his motorcycle. As a result, he sustained multiple grievous injuries and was removed to Kailash hospital, Noida by ambulance of Yamuna Expressway and at the hospital he was declared brought dead. Thereafter, his postmortem was conducted at the Government hospital. Being severally affected physically, mentally and financially b
The main legal point established in the judgment is the applicability of the Supreme Court judgment in National Insurance Co. Ltd. Vs Pranay Sethi & Ors. and the proper calculation of compensation ba....
The main legal point established in the judgment is that the determination of compensation under the Motor Vehicles Act, 1988 should consider the notional income of the deceased, future prospects, an....
The main legal point established in the judgment is the application of legal principles from the case of Pranay Sethi (Supra) to determine the compensation under various heads, including future prosp....
The main legal point established in the judgment is the assessment and modification of compensation under various heads in accordance with legal precedents and established income of the deceased.
The court concluded that minimum wage standards guide but must not constrain just compensation in motor vehicle accidents, allowing for comprehensive income assessments.
Negligence in motor accident cases is established primarily by evidence; contributory negligence must be substantiated. Enhanced compensation granted based on established income and future prospects ....
The main legal point established in the judgment is the application of legal principles related to compensation under the Motor Vehicles Act, specifically focusing on loss of dependency, future prosp....
The main legal point established in the judgment is the application of legal principles set by the Hon'ble Supreme Court in the case of National Insurance Co. Ltd v. Pranay Sethi & Ors. to determine ....
Point of Law : In death cases, compensation would be awarded only under three conventional heads, viz – loss of estate, loss of consortium and funeral expenses.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
