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NUPUR BHATI
Pyaridevi W/o Shri Dayalchand – Appellant
Versus
Swaroopsingh S/o Gulab Singh – Respondent
JUDGMENT :
NUPUR BHATI, J.
1. These misc. appeals have been preferred by the appellants/claimants and the New India Assurance Company Ltd. under Section 173 of the M.V. Act, 1988 (‘Act’) assailing the validity of the judgment and award dated 06.02.2016 passed by learned Judge, Motor Accident Claims Cases, Barmer (‘Tribunal’) in MAC Case No. 449/2015 (396/2015), whereby the learned Tribunal while partly allowing the claim petition preferred by the claimants has awarded compensation in favour of claimants to the tune of Rs.5,00,000/- on account of death of claimants’ daughter, namely, Ms. Khushbu, along with interest @ 9% per annum from the date of filing the claim petition i.e. 04.02.2015. Both the non-claimants i.e. owner-cum-driver and insurance company have been held jointly and severally liable to pay the compensation quantified by the learned Tribunal.
2. The appellants/claimants, by way of filing CMA No. 2546/2016 have sought enhancement of the compensation awarded and the appellant- Insurance Company (non-claimant No. 2) has challenged the impugned judgment award.
3. Facts of the case are that the appellants/claimants filed claim petition under Section 166 of the Act claiming com
The court modified the compensation for a minor's death, reassessing the notional income and applying a multiplier of 15, resulting in a total of Rs.4,90,000/- with interest.
The insurer is liable to pay compensation for passengers in a transport vehicle if the insurance policy covers such passengers, regardless of the driver's alleged lack of a valid license.
The claimant must establish negligence for a successful claim under Section 166 of the M.V. Act, and the Tribunal's reliance on insufficient evidence can lead to erroneous judgments.
Insurance companies cannot evade liability for compensation due to policy breaches if the vehicle was not used for hire and the driver was licensed.
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 upheld the compensation awarded by the Tribunal while enhancing it for loss of consortium and estate, affirming the dependency of the claimants on the deceased.
The court established that the driver of a stationary vehicle is solely liable for accidents due to improper parking without indicators, impacting compensation calculations.
Insurance companies remain liable to pay compensation even in cases of temporary vehicle registration, although they may seek recovery rights against the vehicle's owner for policy violations.
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