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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SANGEETA K. VISHEN, NISHA M. THAKORE
National Insurance Company Limited – Appellant
Versus
Jagabhai Meragbhai Kandoriya – Respondent
JUDGMENT :
SANGEETA K. VISHEN, J.
1. By way of the captioned appeals, the respective appellants have challenged the judgment and award dated 31.12.2011 (hereinafter referred to as “the tribunal) passed by the Motor Accidents Claim Tribunal (Main), Jamnagar in Motor Accident Claim Petition no.278 of 2008 (hereinafter referred to as “the claim petition”) whereby, the claim petition filed by the claimants is allowed and the opponents have been ordered to pay an amount of Rs.29,84,600/- less principal amount of No Fault Liability together with interest at the rate of 7% per annum.
2. Since the challenge in both the captioned appeals is to the judgment dated 31.12.2011, with the consent of both the parties, they are being disposed of by this common judgment. For the sake of convenience, the parties herein are referred to as per their status in the claim petition.
3. First Appeal no.1955 of 2012 has been preferred by the defendant-insurance company challenging the impugned judgment, mainly, on the ground that the tribunal has erroneously accepted the monthly income of the claimant at Rs.21,725/- at the time of the accident. Besides, the multiplier adopted is 17 instead of 16. While, First Ap
The inclusion of prospective income increases the compensation amount, emphasizing the need for future salary revision when calculating loss of dependency in fatal accident cases.
(1) Determination of income while computing compensation has to include future prospects.(2) Multiplier has to be adopted/applied considering age of deceased and not age of parents.(3) Fatal accident....
Compensation under the Motor Vehicles Act must be just, fair, and reasonable, considering future prospects and qualifications of the deceased.
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....
Compensation for road traffic accidents must be calculated based on gross income less tax, including future prospects and adequate general damages as per legal precedents.
The court upheld the Tribunal's compensation award, emphasizing the importance of considering future earning potential and just compensation principles for qualified individuals in motor accident cas....
The appropriate income, future prospects, and multiplier for calculating compensation under the Motor Vehicles Act were determined based on legal principles established in previous cases.
The court established that compensation must consider future income prospects, especially for students with high potential, and emphasized the need for realistic assessments of earning capacity while....
The main legal point established in the judgment is that the deceased, a student of Bachelor of Engineering, should not have been treated as a skilled labour/daily wager for the purpose of compensati....
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