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NARENDRA SINGH DHADDHA
Maya Devi – Appellant
Versus
New India Assurance Company Limited – Respondent
JUDGMENT :
Narendra Singh Dhaddha, J.
1. The instant appeals have arisen out of the judgment and award dated 22.06.2017 passed by the Motor Accident Claims Tribunal, Neem Ka Thana, District Sikar (for short 'the Tribunal') in Claim Case No. 63/2012 titled as "Smt. Maya Devi & Ors. v. The New India Insurance Co. Ltd. & Ors.", whereby the Tribunal while partly allowing the claim petition, has awarded a sum of Rs. 24,18,420/- along with interest @ 9% per annum from the date of filing the claim petition i.e. w.e.f. 08.02.2012 as compensation in favour of the claimants.
2. CMA No. 6193/2017 has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal, whereas CMA No. 4205/2017 has been filed by the Insurance Company challenging the judgment & award passed by the Tribunal on the various grounds.
3. S.B. Civil Miscellaneous Appeal No. 6193/2017:-Learned counsel for the claimants submits that the Tribunal wrongly considered the income of the deceased as Rs. 25,460/- per month. Deceased was earning Rs. 50,000/- per month from wholesale and retail medical business. So, income of the deceased be calculated as Rs. 50,000/- per month. Learned counsel for the claimants
The court modified the compensation awarded by the Tribunal, emphasizing accurate income assessment and additional compensation for future prospects and loss of consortium.
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 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 emphasized the necessity of accurately calculating compensation by including all income components and future prospects, leading to an enhanced award.
The court modified the Tribunal's compensation award, emphasizing the need for adequate consideration of future prospects and other compensation heads in fatal accident claims.
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, adjusting the deceased's income calculation and loss of consortium to ensure fair compensation.
The court upheld the Tribunal's compensation award, emphasizing the necessity of cogent evidence for claims regarding income and compensation adjustments.
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