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NUPUR BHATI
Sumitra Devi @ Savitri Devi W/o Lt. Shri Omprakash – Appellant
Versus
Ranjeet Singh @ Ranjeet Ram S/o Shri Moti Ram – Respondent
JUDGMENT :
1. These Civil Misc. Appeals, seeking enhancement, have been preferred under Section 173 of the Motor Vehicles Act, 1988 (hereinafter as ‘the Act’) against the common judgment and award dated 27.01.2016 (hereinafter as ‘the impugned award’) passed by the MACT, Sri Ganganagar [hereinafter as ‘the learned tribunal’] in MAC Case No.12/2009, 13/2009 & 14/2009 respectively, whereby the learned tribunal partly allowed the claim petitions(filed under Section 166 of the Act) of the appellant/claimant and awarded compensation of Rs.1,00,000/- in both MAC Case no.14/2009 and MAC Case no.13/2009 and Rs.2,82,468/- in MAC Case no.12/2009 along with interest @9% in all of the aforesaid claim petitions, while holding respondents No.1/owner (Owner of the Bolero Jeep) & Respondent no.2/insurance company (Insurance Company of the Bolero Jeep) jointly and severally liable to pay the respective compensation amounts. Since all the aforesaid appeals arise from the common impugned award, the same are being decided by this common judgment.
2. Briefly stated the facts of the case are that on 15.08.2008, Kuldeep(Son of the appellant/claimant) alongwith his wife Sanjula (daughter-in-law of the appel
The court emphasized the necessity of just compensation in fatal accident cases, applying established precedents to enhance awards based on notional income and dependency.
The main legal point established in the judgment is the determination of compensation for motor accident victims, considering factors such as notional income, loss of dependency, loss of love and aff....
Compensation under the Motor Vehicles Act must be based on minimum wages in the absence of proof of income, with deductions for personal expenses adjusted according to the number of dependents.
The court established that actual income evidence must be prioritized over notional income in compensation claims under the Motor Vehicle Act.
The main legal point established in the judgment is the need to consider the multi-faceted services provided by a homemaker to her family when computing compensation for the death of a homemaker in a....
The main legal point established in the judgment is the re-assessment of notional income and enhancement of compensation under various heads to ensure just and reasonable compensation for the claiman....
In the absence of proof of income, notional income should be Rs. 36,000 per annum, with deductions for dependents standardized based on family size.
The court established that the driver of a stationary vehicle is solely liable for accidents due to improper parking without indicators, impacting compensation calculations.
The court established that the notional income for compensation in motor accident cases can be fixed based on prevailing judicial standards, ensuring fair compensation for victims.
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