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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
REKHA BORANA
Oriental Insurance Company Ltd., Through Its Authorized Signatory Sh. Rajesh Kumar – Appellant
Versus
Bhagu @ Bhaguta, S/o. Shri Hajari/gadari – Respondent
JUDGMENT :
REKHA BORANA, J.
1. The present appeals arise out of judgment and Award dated 27.06.2022 passed by Motor Accident Claims Tribunal No.2, Bhilwara in MAC Case Nos. 169/2019 (filed by the parents and siblings of the deceased) and 170/2019 (filed by the widow and children of the deceased).
1.2. S.B. Civil Misc. Appeal No. 1936/2022 has been preferred by the claimants (widow and children of the deceased) for enhancement of the compensation amount as awarded by the impugned Award, whereby an amount of Rs.54,72,838/- was awarded in favour of all the claimants.
1.3. S.B. Civil Misc. Appeal No. 1594/2022 has been preferred by the appellants (widow & children of the deceased) with a prayer that the apportionment of the award amount between the two sets of claimants in both claim cases be directed in terms of law.
1.4. S.B. Civil Misc. Appeal No. 557/2023 has been preferred by Oriental Insurance Company Limited with a prayer to quash and set aside the impugned judgment/Award, and that the appellant Insurance Company be exonerated from the liability to pay the compensation.
2. The brief facts giving rise to these appeals, as pleaded in the claim petitions, are that on 15.08.2018, Lehru La
Compensation for motor accident victims must reflect dependency and income potential, with all claimants entitled to equitable consortium claims; historical income tax returns are a valid basis for i....
The main legal point established in the judgment is the entitlement of parents to compensation under the head of dependency loss, considering the income and future prospective income of the deceased.
Legal representatives, even if not dependents, are entitled to compensation on account of loss of estate under S.166 of the Motor Vehicles Act.
The court established that in calculating compensation for motor accident claims, future income prospects should be considered, deductions for personal expenses must reflect the actual number of depe....
Compensation under the Motor Vehicles Act is statutory and distinct from contractual benefits, ensuring claimants receive just compensation for loss due to negligence.
The main legal point established in the judgment is that even major and earning legal representatives of the deceased are entitled to claim compensation under the head of loss of dependency, as inter....
Point of Law : No compensation can be awarded under head ‘loss of love and affection’.
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