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NARENDRA SINGH DHADDHA
Rajasthan State Road Transport Corporation Ltd. – Appellant
Versus
Kanta – Respondent
JUDGMENT :
Narendra Singh Dhaddha, J.
1. The instant appeals have arisen out of the judgment and award dated 15.10.2019 passed by the Motor Accident Claims Tribunal, Upper District & Sessions Judge No. 1, Kekri, District Ajmer (for short 'the Tribunal') in Claim Case No. 36/2018, titled as "Smt. Kanta & Ors. v. Sh. Sawai Singh & Anr.", whereby the Tribunal while partly allowing the claim petition, has awarded a sum of Rs. 11, 54, 968/- along with interest @6 % per annum from the date of filing of the claim petition as compensation in favour of the claimants-appellants (for short 'the claimants').
2. CMA No. 103/2020 has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal whereas CMA No. 1664/2020 has been filed by the Rajasthan State Road Transport Corporation (for short 'the RSRTC') challenging the judgment & award passed by the Tribunal on the various grounds.
3. CMA No. 103/2020-Learned counsel for the claimants submits that the Tribunal has wrongly considered the income of the deceased-Shivraj as Rs. 5, 382/- per month. Learned counsel for the claimants further submits that the deceased was earning Rs. 12, 000/- per month while working as a tract
The court modified the compensation amount based on a reassessment of the deceased's income and appropriate application of multipliers, emphasizing the need for cogent evidence in claims.
The court's decision emphasized the importance of accurately assessing the deceased's income and appropriately calculating compensation for loss of consortium and funeral expenses in motor accident c....
The court established that accurate income assessment and adequate compensation for emotional loss are critical in motor accident claims.
The court clarified the proper method for calculating compensation in motor accident claims, particularly regarding income assessment and future prospects.
The court modified the compensation awarded by the Tribunal, adjusting the deceased's income calculation and loss of consortium to ensure fair compensation.
The court modified the compensation awarded by the Tribunal, emphasizing the need to consider future prospects and appropriate deductions for personal expenses in fatal 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 established that compensation calculations must accurately reflect the deceased's income and the claimants' losses, adhering to statutory guidelines.
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.
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