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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MS. JUSTICE REKHA BORANA, J
Geeta Devi – Appellant
Versus
Devi Lal – Respondent
| Table of Content |
|---|
| 1. accident details and compensation awarded (Para 8 , 9) |
| 2. grounds for appeal regarding compensation (Para 10 , 11 , 12 , 14 , 15) |
| 3. evaluation of evidence and compensation adequacy (Para 13) |
| 4. court's reasoning on compensation assessment (Para 16) |
| 5. final decision on compensation enhancement (Para 17 , 18) |
ORDER :
2. An application under Section 5 of the Limitation Act has been filed for condonation of the said delay.
4. For the reasons stated in the application under Section 5 of the Limitation Act, the same is allowed. The delay caused in filing the present appeal is condoned.
Service on respondent Nos.1, 2 & 4 is dispensed with at the request of learned counsel for the appellants-claimants and at the risk of the appellants-claimants.
6. At the request of learned counsels for the appellants- claimants and the Insurance Company, the matter has been heard finally.
The learned Tribunal, vide impugned judgment/award dated 20.11.2013 awarded a sum of Rs.7,01,960/- in favour of the claimants alongwith interest @9% per annum from the date of filing of the claim petition.
The offending vehicle, on the date of accident, was insured with respondent No.3 – Insurance Company.
| 1. | Inc | |
Compensation in motor accident cases must consider future prospects and conventional heads, with the multiplier reflecting the deceased's age, as per established guidelines.
The court applied the principles of delay condonation under Section 5 of the Limitation Act and emphasized the application of relevant judgments of the Hon'ble Supreme Court in re-computing the compe....
The court established that compensation for a deceased must consider the age-based multiplier and future prospects, enhancing the total amount awarded.
The main legal point established in the judgment is the correct assessment of compensation under the Motor Vehicles Act and the application of the correct multiplier for calculating the compensation.
The court ruled that future prospects must be considered in compensation calculations, applying a multiplier based on the deceased's age.
Compensation calculations in motor accident claims must include allowances and future prospects, with appropriate multipliers based on the deceased's age.
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