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NARENDRA SINGH DHADDHA
New India Assurance Company Ltd. – Appellant
Versus
Rajendra Prasad Gupta – Respondent
JUDGMENT :
Narendra Singh Dhaddha, J.
1. The instant appeals have arisen out of the judgment and award dated 11.07.2017 passed by the Motor Accident Claims Tribunal and Court of Essential Commodities Act, Jaipur Metropolitan, Jaipur (for short 'the Tribunal') in MAC No. 133/2012(1832/10), titled as "Rajendra Prasad Gupta & Ors. v. Dharam Chand Sharma & Ors.", whereby the Tribunal while partly allowing the claim petition, has awarded a sum of Rs. 16,95,000/- 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. 5549/2017 has been filed by the New India Assurance Company Ltd. (for short 'the Assurance Company') challenging the judgment & award passed by the Tribunal on the various grounds whereas CMA No. 5445/2017 has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal.
3. In CMA No. 5549/2017:- Learned counsel for the Assurance Company submits that the Tribunal has not considered the evidence led by both the parties in right perspective and wrongly fastened liability on the Assurance Company to pay the compensation amount to the claima
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 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 upheld the Tribunal's compensation award, emphasizing the necessity of cogent evidence for claims regarding income and compensation adjustments.
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 compensation awarded by the Tribunal, emphasizing the need to consider future prospects and appropriate deductions for personal expenses in fatal accident claims.
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