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NARENDRA SINGH DHADDHA
Sajna Devi – Appellant
Versus
Om Prakash Saini – Respondent
JUDGMENT :
Narendra Singh Dhaddha, J.
1. The present appeal under section 173 of the Motor Vehicles Act, 1988 has been preferred by the claimants-appellants (for short 'the claimants') dissatisfied with the judgment and award dated 15.02.2018 passed by the Motor Accident Claims Tribunal Shahpura, Jaipur (for short 'the Tribunal') in Claim Case No. 187/2014 (NCV No. 1432/2014), whereby the Tribunal has awarded a sum of Rs. 13,23,790/- along with interest @ 9% per annum from the date of filing the claim petition i.e. w.e.f. 05.11.2014 as compensation in favour of the claimants and the amended order dated 20.03.2018 passed by the Tribunal, whereby the Tribunal modified the amount of compensation and awarded Rs. 10,91,572/- instead of Rs. 13,23,790/-.
2. Learned counsel for the claimants submits the Tribunal wrongly considered the income of deceased as Rs. 189/- per day. Learned counsel for the claimants further submits that the deceased was earning Rs. 15,000/- per month by driving as also agriculture and animal husbandry work. Learned counsel for the claimants also submits that the claimants had submitted the jamabandi (Ex.13) in relation to the agriculture land in the name of the decea
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, emphasizing the need to consider future prospects and appropriate deductions for personal expenses in fatal accident claims.
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, recognizing the need for accurate income assessment and adequate compensation for loss of consortium.
The main legal point established is the importance of assessing 'just and fair' compensation under the Motor Vehicles Act, 1988, Section 168, based on income tax returns and legal precedents.
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 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 determined that actual income of the deceased as a driver should be considered for compensation, overriding minimum wage assumptions, and affirmed the entitlement of all dependents to loss ....
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