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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MS. JUSTICE REKHA BORANA, J
Mariyam @ Maryam – Appellant
Versus
Amar Singh – Respondent
| Table of Content |
|---|
| 1. grounds for appeal regarding income (Para 6) |
| 2. evaluation of evidence and statements (Para 7) |
| 3. income computation and future prospects (Para 8 , 9 , 12) |
| 4. modification of compensation amount (Para 10 , 11) |
Judgment :
1. The present misc. appeal has been preferred by the appellants-claimants seeking enhancement of the compensation amount awarded vide judgment/award dated 09.02.2021 passed by Family Court, Banswara in MAC Case No. 168/2019 (Old No.87/2015).
Vide impugned judgment/award dated 09.02.2021, the learned Family Court awarded a sum of Rs.5,82,144/- in favour of the claimants along with interest @9% per annum from the date of filing of the claim petition.
2. Brief facts as pleaded in the claim petition are that on 16.02.2015, Ibrahim Khan was en route from Banswara to Pipalwa in his tempo bearing registration No. RJ-03-PA-1632. At around 4:00-4:15 PM, on reaching near Pragati Petrol Pump, Banswara- Ghatol-Jaipur, a dumper bearing registration No. MP-04-HE-1333, being driven rashly and negligently on the wrong side of the road, collided with Ibrahim’s tempo resulting into fatality of Ibrahim. FIR No. 53/2015 pertaining to the said accident was lodged at Police
Compensation for fatal accidents must consider the deceased's income as skilled labor and include future prospects, following established legal precedents.
Future income prospects must be considered in compensation calculations, and the appropriate multiplier should reflect the deceased's age and established legal guidelines.
The court ruled that future prospects must be considered in compensation calculations, leading to an enhanced award for the claimants.
The court established that compensation for a deceased must consider the age-based multiplier and future prospects, enhancing the total amount awarded.
Assessment of compensation under non-pecuniary heads and the rate of interest should be in line with established legal principles and specific legal provisions.
The court recalculated compensation based on the deceased's potential earnings as a Mason, enhancing the total compensation awarded to Rs.11,82,312/- with interest.
Court modified the awarded compensation based on the application of future prospects and guidelines established by higher courts.
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