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NUPUR BHATI
United India Insurance Co. Ltd. – Appellant
Versus
Santosh W/o Shri Rajesh Puri – Respondent
JUDGMENT :
Nupur Bhati, J.
1. 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 01.02.2016 (hereinafter as ‘the impugned award’) passed by learned Judge, Motor Accident Claims Tribunal-I, Jodhpur (hereinafter as ’the learned Tribunal’) in MAC Case No.394/2012 (2089/2014) (filed under Section 166 of the Act), whereby the learned tribunal has awarded Rs.5,00,000/-along with interest @8.5% (from the date of filing of the claim petition i.e., 13.04.2012 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 29.09.2011 at about 04:40 pm, deceased Hanuman Puri (8 years old at the time of the accident) while deceased was walking towards his house, then a Scorpio Vehicle bearing registration number RJ-19-UA-1555, which was plied by its driver rashly and negligently, hit deceased from behind, as a result of which Hanuman Puri died on the spot. The FIR was lodged before the Police Station Dangiyawas, Jodhpur and after
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 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 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 deceased minors must reflect notional income and apply appropriate multipliers for just compensation.
The court established that compensation for minors must reflect notional income and apply appropriate multipliers, ensuring just compensation for loss of dependency.
The main legal point established in the judgment is the entitlement to compensation under the Motor Vehicles Act, 1988, based on the guidelines of the Rajasthan State Legal Services Authority and the....
The main legal point established in the judgment is the reliance on the guidelines issued by the Rajasthan State Legal Services Authority to determine the compensation amount in motor vehicle acciden....
Enhance compensation from Rs.2,95,000/- for a deceased minor aged 12 years for an accident that happened on 25.12.2012, this Court cannot enhance compensation to a deceased minor aged 6 years for an ....
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