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NARENDRA SINGH DHADDHA
Shriram General Insurance Company – Appellant
Versus
Prem Kanwar – Respondent
JUDGMENT :
Narendra Singh Dhaddha, J.
1. The instant appeals have arisen out of the judgment and award dated 04.09.2017 passed by the Motor Accident Claims Tribunal, Sikar (for short 'the Tribunal') in Claim Case No. 599/2013 titled as "Prem Kanwar & Ors. v. Rakesh & Ors.", whereby the Tribunal while allowing the claim petition, has awarded a sum of Rs. 11,78,684/- along with interest @ 7% 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. 5871/2017 has been filed by the Shriram General Insurance Company Private Limited (for short 'the Insurance Company') challenging the judgment & award passed by the Tribunal on the various grounds, whereas CMA No. 6077/2017 has been filed by the claimants seeking enhancement of compensation awarded by the Tribunal.
CMA No. 5871/2017:-Learned counsel for the Insurance Company submits the judgment and award dated 04.09.2017 passed by the Tribunal is absolutely illegal, without jurisdiction and contrary to the facts of the case. Learned counsel for the Insurance Company further submits that AW-2 Gulab Singh in his evidence did not corroborate the fact that
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 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 accurate income assessment and proper application of multipliers and deductions based on dependents.
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 upheld the Tribunal's compensation award, emphasizing the necessity of cogent evidence for claims regarding income and compensation adjustments.
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 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 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.
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