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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
REKHA BORANA
Laxmi, W/o. Late Shri Bhera Ram @ Sumer – Appellant
Versus
Roopa Ram, S/o. Shri Rewant Ram – Respondent
| Table of Content |
|---|
| 1. compensation is sought for the dependents of a deceased in a motor accident. (Para 1 , 2 , 3) |
| 2. discussion of the arguments raised by both parties regarding income and dependency. (Para 5 , 6 , 7 , 8) |
| 3. court evaluates evidence around income of the deceased and awards under different heads. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. final ruling awarding increased compensation based on court's assessment. (Para 16 , 17 , 18) |
Order :
REKHA BORANA, J.
1. The present misc. appeal has been preferred by the appellants-claimants seeking enhancement of the compensation amount awarded vide Judgment and Award dated 31.08.2018 passed by Motor Accident Claims Tribunal, Jodhpur Metropolitan in MAC Case No. 210/2014 (2389/2014).
The learned Tribunal, vide impugned judgment/award dated 31.08.2018, awarded a sum of Rs.10,73,968/- (including an interim relief of Rs.50,000/-) in favour of the claimants, alongwith interest @6% per annum from the date of filing of the claim petition.
2. Brief facts as per the claim petition are that on 09.06.2013, Bhera Ram alias Sumer and his brother-in-law Kalu Ram were going from Sangaria to Bambor on motorcycle bearing registration No. RJ-19-AS-1087. At a
The court recognized factors influencing compensation calculation in motor accidents, specifically income dependency and future prospects.
The court emphasized accurate income assessment for compensation, ruling that actual business income should be prioritized over minimum wage for unskilled labor.
The court determined that actual income of the deceased as a driver should be considered for compensation, overriding minimum wage assumptions, and affirmed the entitlement of all dependents to loss ....
The court upheld the Tribunal's income assessment based on minimum wages due to lack of evidence for higher claims and awarded enhanced compensation for loss of consortium.
The court recalculated compensation based on the deceased's potential earnings as a Mason, enhancing the total compensation awarded to Rs.11,82,312/- with interest.
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....
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