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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
DR. JUSTICE NUPUR BHATI, J
Babu Singh S/o Moti Singh – Appellant
Versus
Dalpat @ Dilip S/o Faulal Rajpurohit – Respondent
Judgment :
NUPUR BHATI, J.
1. The present misc. appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (‘Act of 1988’) against the judgment and award dated 07.03.2019, passed by the learned Judge, Motor Acccident Claims Tribunal, Sirohi (‘Tribunal’) in MAC Case No.65/2017, whereby the learned Tribunal has awarded Rs. 5,95,000/- as compensation to the appellants/claimants, while holding the respondents jointly and severally liable.
2. Briefly stated, the facts of the case are that on 08.05.2017 at around 12:30 AM, the deceased was travelling with her son, Gopal Singh on the motorcycle bearing Chessis Number MD2A11CYHRA01251 and Engine no. DHYOHA3783, when it collided with another motorcycle which was driven by respondent no.1/rider. On account of the said accident, the deceased suffered injuries and died subsequently. Thereafter, a case bearing no. CR 31/2017 was registered in Police Station, Barlut, Sirohi District and a claim was filed before the learned Tribunal.
3. In response to the claim petition, respondent no.1/rider filed his reply and denied the averments made therein, while respondent no. 2/Insurance Company submitted that at the time of accident, the rider
The court emphasized the need for just compensation reflecting the invaluable contributions of homemakers, modifying the notional income and enhancing compensation for loss of consortium and funeral ....
The court held that a homemaker's contributions merit substantial recognition in compensation assessments, adjusting the notional income to Rs.15,000 with enhanced compensation totaling Rs.21,38,350.
Income tax returns are statutory documents for assessing compensation in motor accident claims, and domestic contributions of a deceased homemaker must be recognized in compensation calculations.
The main legal point established in the judgment is the need to consider the multi-faceted services provided by a homemaker to her family when computing compensation for the death of a homemaker in a....
The assessment of notional income for compensation considers the claimant's inability to provide proof, demanding equitable judgment based on established precedents in the context of parental loss.
The court affirmed that compensation for homemakers must reflect their invaluable contributions and include future prospects, recognizing the loss of an unborn child as compensable.
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