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HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
PRAMIL KUMAR MATHUR
Shahnaj, W/o. Late Shri Suresh – Appellant
Versus
Dola Singh, S/o Shri Kishan Singh – Respondent
JUDGEMENT :
(PRAMIL KUMAR MATHUR, J.)
1. The instant civil miscellaneous appeal has been preferred by the appellants-claimants under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’) praying enhancement in the award dated 12.05.2016 passed by the Presiding Officer, Motor Accident Claims Tribunal, Beawar, District Ajmer, in claim case No. 33/2015 titled as Smt. Shahnaj and ors. vs. Shri Dola Singh and ors. whereby the learned Tribunal has awarded compensation of Rs. 12,87,947/- in favour of appellants- claimants along with interest @ 6% per annum on account of death of Shri Suresh.
2. As per the averments made in the appeal, on 24.11.2014, the deceased Suresh was travelling on the Motor Cycle along with one Shrawan from Beawar to Ajmer. When they reached near Kharwa Choraha, suddenly a Trailer bearing No. RJ-30-GA-7133 came from wrong side which was being driven rashly and negligently by respondent No.1 and dashed the Motor Cycle as a result of which deceased fell down from the Motor Cycle and due to grievous injuries on various parts of the body, died. Hence, claim petition No.33/2015 was filed before the Tribunal.
3. Notices were served to the responde
The court emphasized adherence to Supreme Court guidelines for calculating compensation, particularly regarding future prospects and conventional heads, leading to a modified award of Rs. 16,67,400.
Court re-assessed compensation based on minimum wage standards and future prospects for a deceased housewife, enhancing the total award to Rs. 9,95,100/.
Compensation for a housewife must reflect her invaluable contribution and adhere to minimum wage standards, with adjustments for disability and future prospects.
The court considered the deceased's age, income, and future prospects to determine the enhanced compensation.
The court applied the principles of notional income, future prospects, and loss assessment to determine the enhanced compensation for the deceased's death due to a road accident.
The main legal point established in the judgment is the court's authority to modify and enhance compensation awarded by the Tribunal based on considerations such as the deceased's avocation, income, ....
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