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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
DR. JUSTICE NUPUR BHATI, J
SMT. NARAYANI @ NARANI AND ANR. – Appellant
Versus
BHANWARLAL AND ORS. – Respondent
ORDER :
(NUPUR BHATI, J.)
1. Despite service of notice upon owner and driver, nobody has put in appearance for them.
2. The present Civil Misc. Appeal has been filed against the Judgment and Award dated 22.07.2016 passed by learned Motor Accident Claim Tribunal, Merta in MACT Case No.240/2013 (18/13) CIS No.389/2014 titled as ‘Smt. Narayani @ Narani & Anr. Vs. Bhanwar lal & Anr.’, whereby, the Tribunal has awarded a meager compensation in the tune of Rs.2,25,000/-
3. Brief facts leading to filing of the instant appeal are that the deceased, Shravan Ram, died in a road accident. It was alleged that the deceased was traveling from Degana to Panapura after selling grain. Near Bachanaram’s field in Village Dotina, the front wheel of Tractor No. RJ-21-RD-6882 got stuck with a nail-like object. The driver of the tractor asked Shravan Ram to remove it. As soon as Shravan Ram reached near the front wheel, the driver, Bhanwarlal, negligently and recklessly started the vehicle, causing the spindle to break, which led to the vehicle overturning. As a result, Shravan Ram was crushed under the tractor and sustained severe injuries. He succumbed to his injuries while undergoing treatment at Ajmer Ho
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 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 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 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 held that compensation for a minor's death must reflect current values, establishing a notional income of Rs.15,000 per annum and applying an appropriate multiplier for just compensation.
The court established that compensation for wrongful death must accurately reflect notional income and dependency, adhering to Supreme Court precedents.
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