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VIRENDER SINGH
Gulab Singh, S/o Late Sh. Bahadur Singh – Appellant
Versus
Arvind Kumar, S/o Sh. Sita Ram – Respondent
JUDGMENT :
The appellants detailed and described hereinabove have filed the present appeal under Section 173 of the Motor Vehicle Act, 1988 (hereinafter referred to as ‘MV Act’) against the award, dated 29th April, 2017, passed by the learned Motor Accident Claims Tribunal-I, Sirmaur District at Nahan, H.P. (hereinafter referred to as ‘the MACT’).
2. For the sake of convenience, the parties to the lis are hereinafter referred to as referred by the learned MACT.
3. Claimants No. 1 to 3 are the sons and claimant No. 4 is the widow of Sh. Bahadur Singh, who had died due to the injuries sustained in the road side accident on 7th April, 2014, involving bus No. HP-71-2243.
4. The claim petition was filed against the respondents being the driver, owner and insurer of the ill fated bus.
5. As per the stand of the claimants, deceased Bahadur Singh, alongwith his son Gulab Singh, boarded the bus bearing registration No. HP-71-2243 from Millah to Timbi on 7th April, 2014. The bus in question, at the relevant time, was being driven by its driver in a rash and negligent manner and when the said bus reached near Chamnol (Basog), Tehsil Shillai, the driver could not control the bus, resultantly, the b
The court emphasized that in compensation claims, oral testimony can substantiate income claims in the absence of documentary evidence, ensuring just compensation principles are adhered to.
LMV licence suffices for transport vehicle under 7500kg GVW sans endorsement; self-employed carpenter notional income Rs.800/day on oral evidence; 1/4th personal expenses deduction (4 dependents); 10....
THE COURT HELD THAT THE TRIBUNAL ERRED IN FIXING THE MONTHLY INCOME OF THE DECEASED AT RS.3,000/- AND IN APPLYING A MULTIPLIER OF 14. THE COURT ALSO HELD THAT THE TRIBUNAL ERRED IN NOT AWARDING ADEQU....
The main legal point established is the importance of assessing 'just and fair' compensation under the Motor Vehicles Act, 1988, Section 168, based on income tax returns and legal precedents.
Age of deceased should be basis for applying multiplier.
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