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ASHUTOSH KUMAR
Radha Devi – Appellant
Versus
Sanwarmal Gurjar – Respondent
| Table of Content |
|---|
| 1. appeal against tribunal's compensation award. (Para 1 , 2) |
| 2. claims regarding errors in income assessment. (Para 3 , 4 , 5 , 6) |
| 3. court's evaluation of income and compensation. (Para 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. modified total compensation awarded. (Para 15) |
| 5. final order and directions regarding compensation. (Para 16 , 17 , 18 , 19) |
ORDER :
(Ashutosh Kumar, J.)
The instant appeal has been filed by the appellants - claimants under section 173 of the MOTOR VEHICLES ACT , 1988 against the judgment and award dated 15.04.2013 passed by Judge, Motor Accident Claims Tribunal, Ajmer (hereinafter referred to as the 'Tribunal') in MAC Case No.337/2012, whereby the learned Tribunal awarded a sum of Rs.3,09,780/- to the appellants-claimants (hereinafter referred to as the 'claimants').
2. The claimants submitted a claim petition claiming compensation of Rs.47,00,000/-. On the basis of pleadings of the parties, the learned Tribunal framed the issues and evaluated the evidence on record. After hearing learned counsel for the parties, decided the claim petition of the claimants and passed the impugned judgment and award. Hence, the present appeal.
3. Learned counsel
The court established that minimum wage standards must be applied for compensation calculation, ensuring fair inclusion of future prospects and family entitlements in wrongful death claims.
Court modified the awarded compensation based on the application of future prospects and guidelines established by higher courts.
Compensation for loss of income must consider future prospects and dependents, adjusting awarded amounts accordingly under established principles.
Point of law: The Tribunal had awarded interest at the rate of 12% p.a. but the same had been too high a rate in comparison to what is ordinarily envisaged in these matters. The High Court, after mak....
The age of the deceased should be considered for the multiplier calculation, and claimants can be entitled to compensation even if not specifically pleaded.
The calculation of compensation under the Motor Vehicles Act, 1988 is based on the deceased's actual income, future prospects, and multiplier as per relevant case laws.
The central legal point established in the judgment is the proper assessment of compensation under the Motor Vehicles Act, including the deceased's income, future prospects, and suitable multipliers,....
The central legal point established in the judgment is the proper assessment of compensation under the Motor Vehicles Act, taking into account the deceased's income, future prospects, and loss of con....
The main legal point established in the judgment is the proper calculation of compensation under Section 166 of the Motor Vehicles Act, 1988, including the consideration of future prospects, personal....
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