Back
DELHI HIGH COURT
J.R.MIDHA
Sukhdev Prasad – Appellant
Versus
Sunil Kumar – Respondent
| Table of Content |
|---|
| 1. challenge to compensation awarded by claims tribunal. (Para 1 , 2) |
| 2. arguments regarding dependency and compensation entitlement. (Para 3 , 4) |
| 3. legal obligations of children to maintain parents. (Para 5) |
| 4. ratios for determining parental dependency and compensation. (Para 6 , 7 , 8) |
| 5. enhancement of compensation and procedural directives. (Para 9 , 10 , 11 , 12 , 13 , 14) |
1. The petitioner has challenged the award dated 02nd August, 2018 passed by the Claims Tribunal whereby the Claims Tribunal awarded compensation of Rs.4,49,004.48 along with interest @ 9% per annum to the appellant.
2. The accident dated 16th April, 2016 resulted in death of Avdhesh Kumar. The deceased was aged 25 years at the time of accident and was survived by his father who claimed compensation. According to the claimant, the deceased was earning Rs.15,000/- per month. However, in the absence of any documentary proof of income, the Claims Tribunal took the minimum wages of Rs.9,568/per month as income of the deceased, added 40% towards future prospects and deducted 85% towards personal expenses. The Claims Tribunal awarded 15% towards loss to the estate to the appellant
Parents are entitled to loss of dependency compensation for children under the principle that they will become financially dependent on their children in later life, regardless of their dependency at....
The main legal point established in the judgment is the entitlement of parents to compensation for loss of dependency under the Motor Vehicles Act, based on the principles laid down in various Suprem....
The main legal point established in the judgment is the application of principles for assessment of compensation in case of death, including the denial of compensation to certain claimants and the ap....
The main legal point established in the judgment is the entitlement of parents to compensation under the head of dependency loss, considering the income and future prospective income of the deceased.
The main legal point established in the judgment is that even major and earning legal representatives of the deceased are entitled to claim compensation under the head of loss of dependency, as inter....
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
