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ANOOP KUMAR DHAND
Suraj Mal Kumawat – Appellant
Versus
Ramesh Kumar – Respondent
JUDGMENT
Anoop Kumar Dhand, J. - The present civil misc. appeal under Section 173 of the Motor Vehicles act, 1988 has been preferred by the appellants-claimants aggrieved with the judgment and award dated 28.02.2000 passed by the Court of Motor accident Claims Tribunal, Jaipur and Rajasthan State Co-operative Tribunal, Jaipur (for short 'the Tribunal') in Motor accident Claim Case No. 298/94, whereby an amount of Rs. 2,21,000/- has been awarded by way of compensation on account of death of Trilok Chand in an accident which occurred on 16.01.1994.
2. The Tribunal after framing the issues, evaluating the evidence available on record and hearing counsel for the parties, decided the claim petition of the appellants-claimants awarding compensation to the tune of Rs.2,21,000/- under various heads in favour of the appellants-claimants.
3. Learned counsel appearing for the appellants-claimants submits that no amount towards future prospects has been awarded and no amount has been awarded under the conventional heads in the light of the judgment of the Hon'ble Supreme Court in the case of Nationa
The court's decision emphasized the need to consider future prospects and various heads while computing compensation under the Motor Vehicles Act, 1988.
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 main legal point established in the judgment is the reliance on documentary evidence to determine the deceased's income and the application of legal precedents to re-compute the compensation awar....
The main legal point established in the judgment is the re-computation of compensation in consideration of loss of future amenities and marital life, as per the legal principles established in releva....
The main legal point established in the judgment is the entitlement to future prospects, with the court holding that the claimants are entitled to 50% in addition towards future prospects as the dece....
The court considered the deceased's income from multiple sources and the lack of consideration for future prospects in enhancing the compensation, in line with the judgment of Pranay Sethi (2017) SC ....
The main legal point established in the judgment is the application of relevant Supreme Court judgments to determine 'just compensation' in motor accident claims, particularly regarding future prospe....
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