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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
GANESH RAM MEENA
United India Insurance Co. Ltd. – Appellant
Versus
Munni W/o Late Vinod Kumar – Respondent
Headnote: Read headnote
Judgment :
GANESH RAM MEENA, J.
1. The present appeal has been preferred by the appellant– Insurance Company under Section 173 of the MOTOR VEHICLES ACT , 1988, against the award dated 18.11.2019 passed by the learned Motor Accident Claims Tribunal, Dholpur, in Claim Case No. 36/2019. By the said award, the learned Tribunal partly allowed the claim petition filed by the claimants–respondents No.1 to 5 and awarded a compensation of Rs.66,38,800/- along with interest at the rate of 9% per annum from the date of filing of the claim petition. The award was passed jointly and severally against the appellant–Insurance Company and non-claimant respondent No.6.
2. The brief facts giving rise to the claim petition are that the claimants–respondents No.1 to 5 (wife, three major children, and mother of the deceased) filed the c
The court affirmed the use of the multiplier method for compensation calculation in motor accident claims, emphasizing deductions based on the number of dependents and adherence to established legal ....
The main legal point established in the judgment is that a uniform multiplier should be applied in all cases for determining compensation, considering the age of the deceased as the relevant factor.
The appropriate multiplier for compensation in accidental death cases should be based solely on the deceased's completed age, as established in the Sarla Verma case.
The court established that unauthorized travel does not exempt the Insurance Company from liability when a worker is fatally injured due to the driver's negligence while supervising the work.
The court upheld the application of the multiplier in calculating compensation, affirming the principles established in relevant case laws.
Without assigning any reasons, compensation towards "loss of dependency" cannot be determined by splitting multiplier.
The central legal point established in the judgment is the determination of compensation under the Motor Vehicles Act, specifically the applicability of the split multiplier method and the reliance o....
Maya Singh v. Oriental Insurance Co. Ltd.
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