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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Biya Bano, W/o Late Shri Abdul Khan – Appellant
Versus
Shere Alam, S/o Shri Aladdin Khan – Respondent
ORDER :
ANOOP KUMAR DHAND, J.
1. Since all the instant appeals are arising out of the same impugned award dated 09.07.2020 passed by the Motor Accident Claims Tribunal No.2, Jaipur Metropolitan, Jaipur (for short, “the Tribunal”) in MAC Case Nos.403/2018 & 404/2018 by which the claim petitions submitted by the claimants-appellants (hereinafter referred to as “the claimants”) have been partly allowed and the insurance company has been directed to pay amount of compensation to the claimants along-with interest. Hence, with the consent of all the counsels of both the sides, there appeals are decided by this common order.
In S.B. Civil Miscellaneous Appeal No.2777/2020
2. Learned counsel appearing on behalf of the appellant- insurance company submits that only on the question of quantum, a challenge has been led to the impugned award. Counsel submits that the deceased Gulsher Khan was serving in the Indian Army on the post of Constable and on the fateful day, i.e.,26.08.2018, he was travelling in a vehicle bearing No.RJ-37-CA-4677, which met with an accident resulting in the death of the deceased- Gulsher Khan on the spot. Counsel submits that when a claim petition was submitted by the cla
Allowances must be included in salary calculations for compensation in motor accident claims, ensuring accurate dependency factor assessments.
Allowances must be included in salary calculations for compensation assessments to reflect true earning potential and future income prospects.
Compensation in motor vehicle accident claims must consider all components of a deceased's income, including allowances, while applying only statutory deductions.
Compensation under the Motor Vehicles Act must consider gross income without arbitrary deductions and allow future prospects based on statutory guidelines, ensuring just compensation for victims' dep....
The main legal point established in the judgment is the determination of just and reasonable compensation under the Motor Vehicles Act, 1988, considering the deceased's income, future prospects, loss....
Death in motor accident – In case of allowances which are included in component of salary of deceased, Tribunal has to take into consideration these allowances as they were used for supporting family....
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