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NUPUR BHATI
Reliance General Insurance Company Limited Through Regional Manager, Jaipur – Appellant
Versus
Moti Bai W/o Late Shankar Lal Rawat – Respondent
JUDGMENT :
1. The appellant/non-claimant No.2 has filed the instant appeal under Section 173 of the M.V. Act, 1988, challenging the validity of the judgment and award dated 01.02.2017 passed by learned Judge, Motor Accident Claims Tribunal No.1, Udaipur (‘Tribunal’) in MAC Case No.218/2015, whereby the learned Tribunal has awarded compensation in favour of claimants to tune of Rs.19,20,000/- along with interest @ 8.5% p.a. from the date of filing the claim petition on account of death of Sh. Shankar Lal.
2. Briefly stated, the facts of the case are that claimants filed a claim petition under Section 166 of the M.V. Act, 1988 before the learned Tribunal claiming compensation on account of untimely death of Sh. Shankar Lal. In the claim petition, it was stated by the claimants that on 07.01.2015 at about 8:15 PM, while the deceased was going to his home in Aamli ka Chauda on his motorcycle bearing number RJ-27/M-5712, he met with an accident with the motorcycle bearing number RJ-27/SY6823 at Halopada ka Ghatar, and resultantly, deceased Shankar Lal received griveous injuries and died. At the time of the accident, the ag e of the deceased was 35 years and thus the claimants filed a clai
In absence of documentary proof, minimum wage notifications serve as a basis for income assessment in compensation claims.
Age of deceased should be basis for applying multiplier.
The main legal point established in the judgment is the reliance on oral testimony to determine the deceased's income and the application of established legal principles to modify the compensation am....
The appropriate income, future prospects, and multiplier for calculating compensation under the Motor Vehicles Act were determined based on legal principles established in previous cases.
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 judgment establishes that in motor accident claims, the correct application of multipliers based on the deceased's age and future income prospects is crucial for determining fair compensation, al....
The court ruled that statutory documents like ITR should be prioritized in income assessment for compensation calculations, including allowances and applying the correct age multiplier.
The court confirmed that in compensation claims for unskilled labor, minimum wages should be utilized for calculating income when proof is absent, emphasizing methodical assessment of claimants' depe....
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