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NUPUR BHATI
Mitali W/o Late Naveen Darji – Appellant
Versus
Kanu Singh S/o Badan Singh Jadeja – Respondent
ORDER :
Nupur Bhati, J.
1. By way of these misc. appeals, the appellants have challenged the order dated 23.08.2017 passed by the learned Judge, MACT, Sagwara, District Dungarpur in MACT Cases Nos.208/2015 & 209/2015; whereby, the learned Tribunal has partly allowed the claim petitions of the appellants and awarded quantum of compensation in their favour while holding the respondents-owner and driver, liable to pay the said quantum of compensation.
2. Since common questions of facts and law are involved in both these misc. appeals, therefore, the same are decided together by this common order.
3. Brief facts of the case are that on 08.09.2011, deceased Naveen and Bhavya were returning to their home with one of their relatives on a motorcycle from Ambaji Temple. At about 12.00 PM near Sembaliya Village, a GSRTC bus bearing Registration No.GJ-18/Y-4898, driven in a rash and negligent manner, dashed to their motorcycle from behind and as a result whereof, Naveen and Bhavya sustained injuries and they died on the spot. FIR for the said incident came to be lodged at Police Station Kheraj (Sabarkantha) and charge-sheet came to be filed against the driver of the offending bus. Claim petitions
The court established that compensation for wrongful death must accurately reflect notional income and dependency, adhering to Supreme Court precedents.
The court established that compensation for deceased minors must reflect notional income and apply appropriate multipliers for just compensation.
The court established that compensation for the death of a minor must reflect loss of dependency, applying a multiplier based on age and relevant legal precedents.
The court established that compensation for the death of a minor must reflect notional income and apply appropriate multipliers based on established precedents.
The court established that compensation for minors must reflect notional income and apply appropriate multipliers, ensuring just compensation for loss of dependency.
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 court established that compensation for a deceased minor should be based on notional income and applicable multipliers, ensuring just compensation reflecting loss of dependency.
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 re-assessment of notional income and enhancement of compensation under various heads to ensure just and reasonable compensation for the claiman....
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