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NARENDRA SINGH DHADDHA
New India Insurance Company Limited – Appellant
Versus
Fatimunnisa – Respondent
JUDGMENT :
Narendra Singh Dhaddha, J.
1. The instant appeals have arisen out of the judgment and award dated 14.11.2019 passed by the Motor Accident Claims Tribunal and Additional District & Sessions Judge No. 1, Kishangarh, District Ajmer (for short 'the Tribunal') in Claim Case No. 109/2012 (CIS No. 345/2014), titled as "Smt. Fatimunnisa & Ors. v. Bharat Kumar Joshi & Anr.", whereby the Tribunal while partly allowing the claim petition, has awarded a sum of Rs. 4,17,500/- along with interest @ 6 % per annum from the date of filing the claim petition as compensation in favour of the claimants-appellants (for short 'the claimants').
2. CMA No. 689/2020 has been filed by the New India Insurance Company Limited (for short 'the Insurance Company') challenging the judgment & award passed by the Tribunal on the various grounds, whereas CMA No. 428/2022 has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal.
3. CMA No. 689/2020-Learned counsel for the insurance company submits that the claimants had already filed a claim petition before the Workmen's Compensation Commissioner, Sirohi, so the present claim petition filed by the claimants was not maintainab
The court upheld the Tribunal's compensation award, emphasizing the necessity of cogent evidence for claims regarding income and compensation adjustments.
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 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 clarified that injuries from a thresher machine are covered under the Motor Vehicle Act, impacting compensation calculations.
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, adjusting the deceased's income calculation and loss of consortium to ensure fair compensation.
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, recognizing the need for accurate income assessment and adequate compensation for loss of consortium.
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