Back
NUPUR BHATI
Bhawari Bai, W/o Ambalal Rathore – Appellant
Versus
Randhir Singh, s/o, Vagrao Singh Rajpoot – Respondent
JUDGMENT :
1. The present civil misc. appeal has been preferred by the appellant-claimants under Section 173 of the Motor Vehicles Act, 1988 (‘MV Act’) assailing the judgment and award dated 21.02.2003 passed by learned Judge, Motor Accident Claims Tribunal, Rajsamand (‘Tribunal’) in MAC Case No.372/2001, whereby the learned Tribunal partly allowed the claim petition filed by the appellant/claimants under Section 166 of the MV Act and awarded compensation of Rs. 4,57,000/-, in favour of claimants along with interest @ 9% p.a. from the date of filing the claim petition, while fastening the liability upon the respondents, jointly and severally.
2. By way of filing the cross-objection, the respondent-Insurance Company have assailed the judgment and award passed by the learned Tribunal dated 21.02.2003, whereby the learned Tribunal had partly allowed the claim petition filed by the appellant-claimants and fastened the liability upon the respondents jointly and severally.
3. Briefly stated, the facts of the case are that on 24.04.2001, Ambalal (deceased) was traveling to Badliya, Gujarat, when in Modasa, a truck bearing number MH-20-A-5986, driven by the respondent no.1/driver on the wrong
The court modified the compensation awarded by the Tribunal, emphasizing the correct application of multipliers and future prospects in fatal accident claims.
The judgment establishes that in motor accident claims, the correct application of multipliers based on the deceased's age and future income prospects is crucial for determining fair compensation, al....
Compensation for loss of life must accurately reflect the deceased's income and future prospects, adhering to established legal standards.
Income tax returns can be relied upon for assessing compensation, and future prospects are applicable even for non-permanent jobs.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
