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NARENDRA SINGH DHADDHA
Bhagoti – Appellant
Versus
Sampat Singh – Respondent
JUDGMENT :
Narendra Singh Dhaddha, J.
1. The instant appeals have arisen out of the judgment and award dated 14.01.2016 passed by the Motor Accident Claim Tribunal and Additional District & Sessions Judge No. 4, Jaipur District Jaipur (for short 'the Tribunal') in Claim Case No. 624/2014 (1215/2010), titled as "Smt. Bhagoti & Ors. v. Sampat Singh & Ors", whereby the Tribunal while partly allowing the claim petition, has awarded a sum of Rs. 6, 48, 200/- along with interest @ 8 % 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. 2360/2016 has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal whereas CMA No. 1353/2016 has been filed by the National Insurance Company Limited (for short 'the Insurance Company') challenging the judgment & award passed by the Tribunal on the various grounds.
3. CMA No. 2360/2016-Learned counsel for the claimants submits that the Tribunal has wrongly considered the income of the deceased-Jagdish Narayana as Rs. 4, 050/- per month on the basis of minimum wages. Learned counsel for the claimants further submits that the d
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 upheld the Tribunal's compensation award, emphasizing the necessity of cogent evidence for claims regarding income and compensation adjustments.
The court clarified that injuries from a thresher machine are covered under the Motor Vehicle Act, impacting compensation calculations.
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 amount based on a reassessment of the deceased's income and appropriate application of multipliers, emphasizing the need for cogent evidence in claims.
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