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NUPUR BHATI
Shesha Ram S/o Shri Dharmaji – Appellant
Versus
Khusal Singh S/o Magh Singh – Respondent
JUDGMENT :
NUPUR BHATI, J.
1. The instant appeal has been filed by the appellants/claimants under section 173 of the Motor Vehicles Act, 1988 seeking enhancement of compensation and modification of the judgment and award dated 12.02.2013 passed by learned Judge, Motor Accident Claims Tribunal, Sumerpur, District Pali in MAC Claim Case No. 168/2010, whereby the learned Tribunal has awarded Rs.2,25,000/-along with interest @ 9% per annum from the date of filing of claim, and the liability to pay the compensation was fastened upon the non-claimants No. 1 and 2 i.e. driver and owner of the offending vehicle. The non-claimant No. 3 i.e. United India Insurance Company Ltd. was however directed to pay the compensation and recover the same from the non-claimants No. 1 and 2.
2. Briefly stated, the facts of the case are that the appellants/claimants filed claim petition under section 166, M.V. Act, 1988 before the Tribunal seeking compensation of Rs.80,36,000/-along with interest @ 18% on account of death of deceased Pooja (daughter of appellants/claimants No. 1 and 2) in the accident which took place on 04.01.2010. In the claim petition, it was inter-alia alleged that on 04.01.2010 the deceas
The court established that in cases of child fatalities due to motor vehicle accidents, the compensation should be calculated using a multiplier method, taking into account the child's potential cont....
The main legal point established in the judgment is the re-assessment of notional income and enhancement of compensation under various heads to ensure just and reasonable compensation for the claiman....
The court established that contributory negligence must be proven, and compensation should be just and adequate, reflecting the actual loss suffered by the claimants.
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