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NUPUR BHATI
Durga Devi @ Pinki, W/o. Late Shri Narayan Lal – Appellant
Versus
Shokin, S/o. Shri Nasebudeen – Respondent
JUDGMENT :
(Nupur Bhati, J.) :
1. These misc. appeals have been filed by the appellants/claimants under Section 173 of the M.V. Act, 1988 seeking enhancement of the compensation while challenging the judgment and award dated 27.06.2017 passed by learned Judge, Motor Accident Claims Tribunal, Sirohi in MAC Cases No.240/2012 (CIS No.370/2014) and 176/2012 (CIS No.273/2014), whereby the learned Tribunal partly allowed the claim petitions filed by the appellants/claimants and awarded compensation of Rs.12,18,000/- and Rs.14,60,000/- respectively in favour of respective claimants. The learned Tribunal has awarded interest @7.5% per annum on the compensation from the date of filing the claim petition. Both these appeals arising out of same accident are being disposed of by this common judgment.
2. Briefly stated, the facts of the case are that the appellants/claimants filed claim petition under Section 166 and 140 of the M.V. Act, 1988 claiming compensation from the respondents on account of death of their bread winners, who lost their life in the accident, which took place on 19.09.2012. In the claim petitions, it was inter-alia alleged by the claimants that on 19.09.2012 deceased, namely
The court established that accurate income assessment and consideration of future prospects are crucial in determining compensation under the M.V. Act.
The court clarified the method for calculating compensation in motor vehicle accident cases, focusing on deductions for personal expenses and future prospects.
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.
Compensation for loss of life must accurately reflect the deceased's income and future prospects, adhering to established legal standards.
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