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NARENDRA SINGH DHADDHA
Nawab Khan – Appellant
Versus
Shivcharan Gupta – Respondent
JUDGMENT :
Narendra Singh Dhaddha, J.
1 The aforesaid appeals have arisen from the judgment and award dated 20.01.2021 passed by the Motor Accident Claims Tribunal No. 1, Jaipur Metropolitan-II, Jaipur, whereby the claim petitions filed by the claimants have been partly allowed.
2. The Tribunal on the basis of the pleading of the parties, framed the issues and evaluated the evidence on record. After hearing counsel for the parties, decided the claim petitions and awarded the compensation in favour of the claimants.
3. Being dissatisfied with the same, S. B. Civil Miscellaneous Appeal Nos.888/2021, 890/2021 and 940/2021 have been filed by the claimants for enhancement of compensation, whereas S. B. Civil Miscellaneous Appeal Nos.476/2021, 477/2021 and 479/2021 have been filed by the Insurance Company challenging the impugned judgment and award.
4. In S.B. Civil Miscellaneous Appeal No. 476/2021 (United India Insurance Company Ltd v. Sohail Khan and Ors.) S.B. Civil Miscellaneous Appeal No. 477/2021 (United India Insurance Company Ltd v. Umar Farukhi and Ors.) and S.B. Civil Miscellaneous Appeal No. 479/2021 (United India Insurance Company Ltd v. Nawab Khan and Ors.):
Learned counsel for t
The court modified the compensation awarded by the Tribunal, emphasizing the need for accurate income assessment and proper application of multipliers and deductions based on dependents.
The court modified the compensation awarded by the Tribunal, emphasizing accurate income assessment and additional compensation for future prospects and loss of consortium.
The main legal point established in the judgment is the reliance on documentary evidence, including the victim's income tax return, to determine the compensation amount in motor accident claims.
The court modified the compensation awarded by the Tribunal, emphasizing the need for adjustments in future prospects and other compensatory heads while upholding the Tribunal's findings on negligenc....
The court emphasized that income tax returns are essential for determining compensation in motor accident claims, and the assessment must reflect just and fair compensation principles.
The court emphasized that income tax returns should be considered for assessing compensation, ensuring fair and just outcomes per the Motor Vehicles Act.
The court clarified that injuries from a thresher machine are covered under the Motor Vehicle Act, impacting compensation calculations.
Compensation in motor accident claims must reflect actual income based on minimum wages and include future prospects for accurate assessment.
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