SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2016 Supreme(Raj) 772

G.R.MOOLCHANDANI
Mohan Lal – Appellant
Versus
Arvind Kumar – Respondent


Advocate Appeared:
For the Appellants :- Mr. B.K. Bhatnagar, Advocate.
For the Respondent No.3 - Insurance Company:- Mr. B.S. Rathore on behalf of Mr. Mahesh Thanvi, Advocates.

JUDGMENT

Mr. G.R. Moolchandani, J.

This appeal is directed against the award dated 10.06.2003 passed by Motor Accident Claims Tribunal (Additional District Judge), Abu Road in Claim Case No.233/1996 by which the Tribunal has passed an award of Rs. 77,000/-.

2. Learned counsel for the appellant submitted that deceased Sanjay Kumar was a 13 years old child studying in 8th standard and was negligently crushed by the bus involved in the accident. Learned counsel has further submitted that the Tribunal has passed erroneous order and has not awarded any notional income. Referring to judgment in Ratan and another v. Rakesh Jain & anr, 2014 (1) WLC (Raj.) 599, learned counsel has contended that the notional income ought to have been computed and a multiplicand of 15 must have been applied and on this basis award must have been passed. However, the Tribunal has ignored the legal mandate and has passed an award in sum of Rs. 77,000/-, which is liable to be enhanced in consideration of notional income of the deceased. So appeal be allowed and the compensation may be granted, as prayed. Co
























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top