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ANOOP KUMAR DHAND
Anguri Devi – Appellant
Versus
Deshraj – Respondent
JUDGMENT
1. Instant appeal has been preferred by the claimants-appellants against the judgment and award dated 19.08.2015 passed by the Court of Motor Accident Claims Tribunal (Special Court of Dacoity Affected Area), Bharatpur, Rajasthan (hereinafter referred to as ’the Tribunal’) in Motor Claim Case No.233/2011 whereby an amount of Rs.29,98,913/- was awarded as compensation on account of death of Nemichand Nimesh in the accident occurred on 05.05.2011.
2. Learned Tribunal after framing the issues, evaluating the evidence on record and after hearing counsel for the parties, decided the claim petition of the claimants-appellants and awarded compensation to the tune of Rs.29,98,913/- under various heads in favour of the claimants-appellants.
3. Learned counsel for the appellants-claimants submits that at the time of the accident, the age of the deceased was 54 years and 10 months even then the multiplier of 9 has been applied by the Tribunal. Counsel submits that in view of the judgment of Hon’ble Apex Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi reported in AIR 2017 SC 5157, multiplier of 11 should have been applied looking to the age of the deceased. Counsel
The correct application of the multiplier and the award of future prospects under the Motor Vehicles Act are essential for determining fair compensation in motor accident claims.
The appropriate multiplier for calculating compensation must consider the age of the deceased, and 10% future prospects should be included in the compensation amount.
Compensation for death in motor accidents must include future prospects and non-pecuniary damages, with the multiplier adjusted based on the deceased's age.
The main legal point established in the judgment is the application of the principles from Sarla Verma and Pranay Sethi cases to calculate compensation under the Motor Vehicles Act.
The appropriate multiplier for compensation in motor accident claims should be based on the deceased's age, with additional allowances for future prospects and non-pecuniary damages.
Compensation calculations in motor accident claims must include allowances and future prospects, with appropriate multipliers based on the deceased's age.
The main legal point established in the judgment is the application of relevant Supreme Court judgments to determine the competency of the tractor driver and the calculation of compensation based on ....
The main legal point established in the judgment is the correct approach to determining the multiplier and the entitlement to enhanced future prospects in calculating compensation for fatal injuries ....
The main legal point established in the judgment is the proper calculation of compensation under various heads, including salary, future prospects, application of multiplier, conventional heads, and ....
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