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NUPUR BHATI
Bhawari Bai, W/o Ambalal Rathore – Appellant
Versus
Randhir Singh, s/o, Vagrao Singh Rajpoot – Respondent
Headnote: Read headnote
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 Badli
The court modified the compensation awarded by the Tribunal, emphasizing the correct application of multipliers and future prospects in fatal accident claims.
The court established that compensation in motor vehicle accident cases must be calculated based on the deceased's actual income, future prospects, and appropriate multipliers, ensuring that all rele....
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....
The main legal point established in the judgment is the application of legal principles established by the Hon'ble Supreme Court in modifying the compensation awarded by the Tribunal.
Compensation for loss of life must accurately reflect the deceased's income and future prospects, adhering to established legal standards.
The main legal point established in the judgment is the assessment of compensation under Section 173 of the Motor Vehicles Act, 1988, including the assessment of income, future prospects, consortium,....
Income tax returns can be relied upon for assessing compensation, and future prospects are applicable even for non-permanent jobs.
The main legal point established in the judgment is the determination of negligence in a motor vehicle accident and the calculation of fair compensation for the claimants.
The insurer's liability to pay compensation to third parties in motor vehicle accident cases is not affected by the fact that the driver of the offending vehicle did not have a valid driving license,....
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