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MADAN GOPAL VYAS
Punji, D/o. Sh. Kachara, W/o. Sh. Hoorji – Appellant
Versus
Ganapat Lal Labana, s/o. Sh. Bhura lal Labana – Respondent
JUDGMENT :
The instant civil miscellaneous appeal under Section 173, Motor Vehicles Act is directed against the judgment and award dated 16.09.2004 passed by the learned Motor Accident Claims Tribunal, Banswara (hereinafter referred to as the learned Tribunal) in Claim Case no. 173/2002 whereby the claim application filed by the claimants-appellants under Section 166 of the Motor Vehicles Act (for short hereinafter called; “MV Act”) was allowed in part and they were granted compensation to the tune of Rs. 60,000/- with interest @ 6% per annum.
2. Briefly stated, the facts giving rise to the present appeal are that on 11.05.2002, the deceased Smt. Kama was going to her village Madali when a motorcycle bearing no. RJ-03/3 M 4163 being driven by respondent no. 3 came from behind and hit her. The deceased sustained severe injuries and thereafter, she died. A claim application was filed by the claimants which was partly allowed by the learned Tribunal and a compensation of Rs. 60,000/- was awarded to claimants. Aggrieved by the said award, the claimants have preferred the present appeal.
3.
Legal representatives of the deceased have a right to apply for compensation, irrespective of their dependency on the deceased, and the emotional trauma suffered by the claimants due to the death of ....
Legal heirs are entitled to compensation under the Motor Vehicles Act regardless of their dependency status at the time of the accident.
Calculation of compensation in motor accident cases based on the deceased's income, future prospects, and deductions for personal expenses.
The main legal point established in the judgment is the entitlement of claimants to compensation for loss of dependency and consortium under the Motor Vehicles Act, emphasizing the need for just comp....
The main legal point established in the judgment is the determination of compensation in motor accident claims, considering the income of the deceased, number of dependents, and applicable legal prec....
Death in motor accident – While awarding loss of dependency, future prospects and rise in income ought to have been considered.
Court modifies compensation awarded to claimants based on established legal principles in motor accident claims.
In fatal motor accident claims, the Court holds that notional income must be applied to determine dependency using a multiplier, and that all immediate family members, including siblings, are entitle....
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