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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
SANDEEP TANEJA
Manoji Devi, W/o. Ramavtar – Appellant
Versus
Sanjay Prajapati, S/o. Shantilal – Respondent
JUDGMENT :
SANDEEP TANEJA, J.
1. This appeal has been filed under section 173 of Motor Vehicle Act, 1988 seeking enhancement of compensation awarded, vide impugned judgment and award dated 14.09.2023, by the learned Motor Accident Claim Tribunal, Tonk (for short ‘the learned Tribunal’) in Claim Petition No.52/2020, whereby the claim petition filed by the claimants - appellants (hereinafter referred to as ‘the claimants’) was partly allowed by awarding compensation of Rs. 22,42,992/- along with interest @ 7% per annum, in favour of the claimants.
2. The sole issue raised by the learned counsel for the claimants is that the learned Tribunal has erred in not granting compensation under the head of loss of consortium as per the principles laid down by the Hon'ble Supreme Court in the cases of National Insurance Company Ltd. Vs. Pranay Sethi reported in (2017) 16 SCC 680 and Magma General Insurance Company Vs. Nanuram @ Chuhru Ram & Ors. reported in (2018) 18 SCC 130, wherein it was held that each dependant is entitled to get compensation of Rs.40,000/- for the loss of consortium. Therefore, the amount of loss of consortium ought to have been awarded to all the five claimants i.e., wife, s
The main legal point established in the judgment is the application of the principles laid down by the Apex Court in determining the quantum of compensation and the entitlement of the claimants to fu....
The main legal point established in the judgment is the application of principles for determining compensation under various heads as per the Motor Vehicles Act, 1988 and relevant Supreme Court decis....
The court established that compensation calculations under the MV Act must consider actual income, appropriate deductions, future prospects, and the right to consortium for dependents.
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