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ANOOP KUMAR DHAND
Kalu Lal – Appellant
Versus
Girdhar Singh – Respondent
JUDGMENT
Anoop Kumar Dhand, J. - Instant appeal has been preferred by the claimants-appellants against the judgment dated 02.06.2016 passed by the Motor Accidents Claims Tribunal, Bundi (Raj.) in MAC case No. 427A/2008 (hereinafter referred to as 'Tribunal'), whereby an amount of Rs. 4,37,900/- was awarded as compensation on account of death of Dharamraj in the accident which occurred on 18.07.2008.
2. Learned Tribunal after framing the issues, evaluating the evidence on record and hearing the counsel for the parties decided the claim petition of the claimants-appellants awarding compensation of RS. 4,37,900/- under various heads in favor of the appellants-claimants.
3. Learned counsel for the claimants-appellants submitted that the income of the deceased-Dharamraj was determined by treating him as a daily-wager but while assessing his income, the same was considered for 26 days only.
4. Counsel further submits that as per the judgment passed by the co-ordinate Bench of this Court in the case of Jalaur Singh @ Dilawar Singh & Anr. v. Barkat & Ors., reported in 2012 R.A.R. 499 (Raj.
The main legal point established is the re-computation of compensation amount based on the deceased's income and future prospects, in accordance with relevant judgments.
The main legal point established in the judgment is that the income of a daily wager should be assessed for 30 days instead of 26 days, and claimants are entitled to 40% amount towards future prospec....
The court applied the legal principles established in the judgments delivered by the Hon'ble Supreme Court in the cases of Sarla Verma and Pranay Sethi to re-compute the compensation award.
Accurate income assessment and consideration of future prospects are essential in determining compensation for motor accident claims.
The main legal point established in the judgment is the computation of compensation in motor accident claims, considering the prevailing wages for unskilled labor and the inclusion of future prospect....
Compensation in motor accident claims must be based on accurate income assessments and relevant legal precedents for future prospects.
Credible oral evidence proves self-employed income sans documents; 40% future prospects for unorganized sector deceased under 40; conventional heads fixed at Rs.15,000x3 + Rs.40,000 consortium.
The main legal point established in the judgment is the application of minimum wages based on the deceased's residence and the determination of future prospects at 25% in motor accident compensation ....
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