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NAVIN CHAWLA
Iffco Tokio General Insurance Co. Ltd. – Appellant
Versus
Kanhaiya Lal Rathore – Respondent
JUDGMENT
Navin Chawla, J. (Oral)--This appeal has been filed challenging the Award dated 27.10.2016 passed by the learned Motor Accidents Claims Tribunal, North-East District, Karkardooma Courts, Delhi (hereinafter referred to as the `Tribunal') in MACT no.336/2011, awarding a sum of Rs.17,55,000/- in favour of the respondent no.2.
2. The limited challenge of the appellant to the Impugned Award is on three accounts:
i. That the learned Tribunal has assumed the income of the deceased as Rs.10,000/- per month without there being any evidence in support thereof;
ii. That the Future Prospects have been taken as 50% instead of 40% as stipulated in the Judgment of the Supreme Court in National Insurance Company Ltd. v. Pranay Sethi & Ors., (2017) 16 SCC 680; and,
iii. That the learned Tribunal has awarded compensation towards Love and Affection of Rs.1,00,000/-, Funeral Expenses of Rs.25,000/-, and Loss of Estate of Rs.10,000/-, which again is not in terms of the Judgment of the Supreme Court in Pranay Sethi (supra).
3. As far as the first challenge, that is, of the income of the deceased being proved, the learned Tribunal has observed as under:
"Ld. counsel for petitioner has relied upon t
The main legal point established in the judgment is the application of relevant legal precedents, including the Income Tax Act, 1961 and the Motor Vehicles Act, 1988, to determine compensation in mot....
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 ....
The main legal point established in the judgment is the interpretation of established income, future prospects, and entitlement to compensation for non-pecuniary heads in motor accident compensation ....
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 central legal point established in the judgment is the proper assessment of compensation under the Motor Vehicles Act, taking into account the deceased's income, future prospects, and loss of con....
The main legal point established in the judgment is the application of legal precedents to determine the cause of the accident, loss of future income, dependency deduction, and compensation on non-pe....
Point of Law : No compensation can be awarded under head ‘loss of love and affection’.
The court applied the principles established in Magma General Insurance Company Limited vs. Nanu Ram @ Chuhru Ram and National Insurance Co. Ltd. vs. Pranay Sethi to re-assess the compensation for th....
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