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NAVIN CHAWLA
National Insurance Co. Ltd. – Appellant
Versus
Rajvir – Respondent
JUDGMENT
Navin Chawla, J. (Oral)
1. These appeals have been filed challenging the common Award dated 02.07.2016 (hereinafter referred to as the `Impugned Award') passed by the learned Motor Accident Claims Tribunal-01, Dwarka Courts, New Delhi (hereinafter referred to as the `Tribunal') in MACP No. 255/2012, titled as Rajvir vs Ranjeet Kumar & Ors., (MAC. APPL. 716/2016); MACP No. 257/2012, titled as Rajvir & Ors. vs. Rajneet Kumar & Ors., (MAC. APPL. 717/2016); and MACP No. 256/2012, titled as Rajvir & Anr. vs. Ranjeet Kumar & Ors., (MAC. APPL. 718/2016).
2. As all the three claim petitions and the appeals arise out of same accident, and the challenge of the appellant is also almost similar in all the three appeals, they are being considered and decided by this common judgment.
3. It was the case of the claimants before the learned Tribunal that on 29.07.2012, the deceased Sh. Nand Lal, Smt. Vidya Devi and Smt. Yogesh were coming from Agra towards Delhi in a car bearing registration No. DL-9CS-0626, which was being driven by Shri Rajvir. As they reached at Agra - Mathura Border, near Gwaliar Dhaba, the Offending Vehicle, being a Truck bearing registration no. HR-38N-7293, driven by it
The main legal point established in the judgment is the determination of compensation in motor accident claims, considering the dependency of the claimants on the deceased and the income of the decea....
The main legal point established in the judgment is the liability of the Insurance Company to pay compensation under the Motor Vehicles Act, 1988, based on the validity of the driver's license and co....
The main legal point established in the judgment is the application of the principles for deduction towards personal and living expenses as per the judgment of the Supreme Court in Sarla Verma, and t....
The main legal point established in the judgment is the determination of just and reasonable compensation under the Motor Vehicles Act, 1988, considering the deceased's income, future prospects, loss....
In fatal accident claims, determining dependency requires careful consideration of family dynamics, and future income potential must be calculated based on relevant judicial precedents.
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