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NUPUR BHATI
Samu Devi W/o Megharam – Appellant
Versus
Hariram Godara S/o Dayalram – Respondent
JUDGMENT :
Nupur Bhati, J.
1. Nobody was present on 18.10.2024 on behalf of appellants/claimants even in second round, however, the matter was adjourned to 23.10.2024. It was also directed that in case nobody appears for the appellants, the matter shall be dismissed for non-prosecution.
2. Today also, nobody is present on behalf of appellants/claimants. In the interest of justice, this Court perused the material available on record.
3. The instant misc. appeal, seeking enhancement, has been preferred by the appellants/claimants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter as ‘the Act’) against the judgment and award dated 09.03.2016 (hereinafter as ‘the impugned award’) passed by learned Judge, Motor Accident Claims Tribunal, Nagaur (hereinafter as ’the learned Tribunal’) in MAC Case No.122/2012 (CIS No.179/2014) (filed under Section 163A of the Act), whereby the learned tribunal has awarded Rs. 2,00,000/- along with interest @7.5% (from the date of filing of the claim petition i.e., 24.09.2012 to the appellants/claimants and held the respondents/non-claimants jointly and severally liable to pay the said compensation.
4. Briefly stated the facts of the case are that on
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 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 a deceased minor should be based on notional income and applicable multipliers, ensuring just compensation reflecting loss of dependency.
The court established that compensation for minors must reflect notional income and apply appropriate multipliers, ensuring just compensation for loss of dependency.
The court established that compensation for a minor's death in an accident should reflect notional income and appropriate multipliers, enhancing the award from Rs.2,25,000 to Rs.5,65,000.
The court upheld the compensation awarded for the death of a minor, affirming the adequacy of Rs.5,00,000/- as just and reasonable under the Motor Vehicles Act.
The court established that compensation for wrongful death must accurately reflect notional income and dependency, adhering to Supreme Court precedents.
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