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ANOOP KUMAR DHAND
Naresh Kumar Sharma – Appellant
Versus
Rajasthan State Road Trans. Corpn. – Respondent
JUDGMENT
1. Instant appeal has been preferred by the appellantsclaimants against the judgment and award dtd. 5/3/2012 passed by Motor Accident Claims Tribunal, Jaipur City, Jaipur in Claim Case No.307/2002 whereby the Tribunal has partly allowed the claim filed by the claimants and awarded a sum of Rs.3,35,000.00 to the claimants with interest @ 6% w.e.f. the date of filing of the claim petition.
2. A claim petition was filed by the claimants-appellants on account of death of Savita and unborn child in an accident which occurred on 15/2/2000. In the said accident, the deceased Savita and child in her womb also died. The Tribunal after framing the issue and evaluating the evidence brought on record decided the claim petition.
3. Learned counsel for the appellant has assailed findings recorded by the Tribunal of issue No.4. He submits that the deceased Savita was 30 years of age at the time of accident and she was pregnant and she was carrying pregnancy of child in her womb. He further submits that the deceased was running a beauty parlor and she was doing the work of unkeep of the house, maintenance of the daughter and cooking food for the family etc. Therefore, involvement of the de
The court affirmed that compensation for homemakers must reflect their invaluable contributions and include future prospects, recognizing the loss of an unborn child as compensable.
The central legal point established in the judgment is the need to award just and reasonable compensation, particularly in cases involving homemakers who sustain injuries, by considering the invaluab....
The court emphasized the need for just compensation reflecting the invaluable contributions of homemakers, modifying the notional income and enhancing compensation for loss of consortium and funeral ....
(1) Preserving existing standard of living of a deceased’s family is a fundamental endeavour of motor accident compensation law.(2) Various methods can be employed by Court to fix notional income of ....
The determination of compensation for a homemaker and the methods for fixing notional income, highlighting the importance of recognizing the work and sacrifices of homemakers.
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