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ANOOP KUMAR DHAND
Director State Insurance And Provident Fund Department – Appellant
Versus
Mukut Bihari Sharma – Respondent
JUDGMENT
1. Instant appeal has been preferred against the judgment and award dated 27.02.2018 passed by the Court of Motor Accident Claims Tribunal-cum-Essential Commodities Act, Jaipur Metropolitan, Jaipur (for short ’the Tribunal’) in claim case No.32/2012 by which the claim petition filed by the claimants was allowed and the Insurance Company was directed to pay compensation of Rs. 26,60,183/- to the claimants.
2. Learned Tribunal after evaluating the evidence of both parties and documents available on record, deciding the claim petition in favour of the claimants and awarded compensation as indicated above.
3. Learned counsel for the appellants-Insurance Company submits that after the death of the deceased, the daughter of the deceased got compassionate appointment, hence, the claimants were not entitled to get any sort of compensation. Counsel further submits that under the conventional heads, an exorbitant amount of Rs.1,20,000/- has been awarded in favour of the claimants and in the light of the judgment of Hon’ble Supreme Court in the case of National Insurance Company Ltd. Vs. Pranay Sethi reported in AIR 2017 SC 5157, claimants are entitled to get only Rs.70,000/- under this
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....
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....
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.
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....
Compensation under the Motor Vehicles Act cannot be reduced due to benefits received from compassionate employment; all dependents are entitled to fair compensation for their loss.
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....
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