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NARENDRA SINGH DHADDHA
United India Insurance Company Limited – Appellant
Versus
Anisa – Respondent
ORDER
1. Since both the appeals have arisen out of the same judgment and award dated 30.01.2018, hence they are being decided by this common order.
2. Brief facts of the appeals are that on dated 07.04.2014 the deceased Sakruddin @ Shakildudin was going from his house towards Mahwa Kheda to attend a marriage on motorcycle No.RJ-11-SD-7506. At about 7:00 PM, when the motor cycle reached near Lane Ka Pura ahead Purani Chawani, the said motor cycle was hit by Maruti Van No.RJ-11UA-0941. Resultantly, Sakruddin @ Shakildudin sustained injuries. He died on account of said injuries. FIR was lodged at P.S. Sadar Dholpur. Appellants Anisha & Ors. filed a claim petition under Sections 140 and 166 of the M.V. Act. The learned tribunal after hearing both the parties, awarded Rs.12,04,000/- as compensation alongwith interest @ 7% per annum in favour of the claimants.
S.B. Civil Miscellaneous Appeal No. 2030/2018:-
3. Learned counsel for the Insurance Company submits that while passing the award dated 30.01.2018, learned tribunal miserably failed to appreciate the material available on record because alleged accident took place on 07.04.2014, whereas the present FIR was lodged on next day by the bro
Compensation in motor vehicle accident cases must be substantiated by evidence, and established guidelines should be followed for calculating loss of income and damages.
In absence of documentary proof, minimum wage notifications serve as a basis for income assessment in compensation claims.
Compensation in motor vehicle accident cases must be substantiated by evidence, and established legal guidelines should be followed for accurate assessment.
Age of deceased should be basis for applying multiplier.
Negligence in vehicle accidents is evaluated under civil standards where eyewitness testimony is critical, irrespective of contradictions in criminal proceedings, impacting compensation assessment.
The court affirmed the validity of awarding compensation under the Motor Vehicles Act, adjusting income and future prospects, while rejecting insurer's claims of contributory negligence and liability....
The main legal point established in the judgment is the determination of just compensation under the Motor Vehicles Act, considering the deceased's income, future prospects, and personal expenses.
The main legal point established in the judgment is the interpretation and application of legal provisions and judgments related to compensation for accidents under the Motor Vehicles Act.
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