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ANOOP KUMAR DHAND
Nandu Devi – Appellant
Versus
Sohanlal – Respondent
JUDGMENT
anoop Kumar Dhand, J. - The instant appeal has been filed by the appellants-claimants under Section 173 of the Motor Vehicles act, 1988 challenging the judgment and award dated 07.11.2016 passed by Judge, Motor accident Claims Tribunal, Tonk (for short 'the Tribunal') in claim case No. 153/2014, whereby the Tribunal has awarded a sum of Rs. 5,05,232/- in favour of claimants-appellants.
2. Learned counsel for the appellants-claimants submits that while passing the impugned award the Tribunal has granted compensation to the claimants by assessing the income of the deceased for 26 days in a month. While it is a settled position of law that the income of the daily wager is to be assessed for 30 days instead of 26 days. In support of his contentions, learned counsel for the appellants-claimants has placed reliance upon the judgment of Jalaur Singh and Ors. Vs. Barkat Singh and Ors., reported in 2012 (2) MaCT Raj. 692.
3. Learned counsel for the appellants-claimants further submitted that not a single penny has been awarded to the claimants towards future prospects and as per the judg
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 is the re-computation of compensation amount based on the deceased's income and future prospects, in accordance with relevant judgments.
The court's decision emphasized the need to consider future prospects and various heads while computing compensation under the Motor Vehicles Act, 1988.
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 determination of compensation under the Motor Vehicle Act, 1988, with specific emphasis on the deceased's monthly income, future prospects, and....
The central legal point established in the judgment is the proper assessment of compensation under the Motor Vehicles Act, including the deceased's income, future prospects, and suitable multipliers,....
The main legal point established in the judgment is the correct determination of compensation under the Motor Vehicles Act, 1988, considering factors such as the deceased's income, future prospects, ....
The main legal point established in the judgment is the assessment and modification of compensation under various heads in accordance with legal precedents and established income of the deceased.
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....
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