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United India Insurance Company Limited through Manager – Appellant
Versus
Jhooma Devi, W/o Lt. Sh. Shankar Lal – Respondent
JUDGMENT :
1. Both the appeals arise out of common judgment and award, hence same are being decided together by this common judgment.
SBCMA No.1297/2013:
2. Instant appeal has been filed by the appellant-Insurance Company against the judgment and award dated 13.12.2012 passed by the Court of learned Judge, Motor Accident Claims Tribunal, Dausa, District Dausa (Raj.) [for short ‘the tribunal’] in Compensation Petition No.417/2011, whereby the learned tribunal awarded a sum of Rs.23,60,516/-as compensation to the claimants respondents.
3. Learned counsel for the appellant-Insurance Company submitted that the son of the deceased namely; Ashok Kumar got service on compassionate ground. Therefore, his income must have been deducted while computing the loss of future income. In support of such contentions, counsel for the appellant has placed reliance upon the judgment delivered by the Hon’ble Apex Court in the case of Vimal Kanwar & Ors. Vs. Kishore Dan & Ors., reported in 2013(2) WLC (SC) Civil 50. Counsel further submitted that the trolley was attached to the tractor and the same was not insured. Hence, the insurance company is not liable to make compensation as there was breach in co
Compassionate appointment received by the claimants after the death of the deceased cannot be considered as a pecuniary advantage liable for deduction from the compensation under the Motor Vehicles A....
Point of Law : Motor Vehicle - Accident - seeking enhancement of the award amount - Liability of insurance company - since the Insurance Appeal was mostly involving an attempt to reduce the compensat....
The main legal point established in the judgment is the determination of liability and quantum of compensation under the Motor Vehicles Act, considering the violation of insurance policy terms and th....
Compensation under the Motor Vehicles Act must consider gross income without arbitrary deductions and allow future prospects based on statutory guidelines, ensuring just compensation for victims' dep....
The court reinforced that all allowances must be included in calculating income for compensation, and compassionate appointments should not affect future earnings claims under the Motor Vehicles Act.
The main legal point established in the judgment is the Court's duty to award just compensation under the Motor Vehicles Act, taking into account recent legal developments and the power of the Court ....
Interpretation of 'pecuniary advantage' and 'compassionate appointment' under the Motor Vehicles Act, and the application of multiplier and deduction guidelines for calculating compensation.
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