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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
SUSHIL KUKREJA
Shriram General Insurance Company Limited – Appellant
Versus
Rukmi Devi – Respondent
| Table of Content |
|---|
| 1. claim for compensation post-accident. (Para 2 , 3) |
| 2. disputes on accident and liability. (Para 4 , 5) |
| 3. assessment of income and fault determination. (Para 8 , 12 , 15) |
| 4. arguments addressing income assessment. (Para 9 , 10 , 19) |
| 5. standards for determining compensation. (Para 13) |
| 6. justification for income calculation parameters. (Para 18 , 20 , 21) |
| 7. calculation method for total compensation. (Para 24 , 29) |
| 8. conclusion and order on compensation appeal. (Para 30 , 31) |
JUDGMENT :
Sushil Kukreja, J.
1. The instant appeal is maintained by the appellant/Shriram General Insurance Company (hereinafter referred to as “the appellant”), under Section 173 of the MOTOR VEHICLES ACT (for short “the Act”), against the award dated 02.06.2015, passed by the learned Motor Accident Claims Tribunal-II, Sirmaur District at Nahan, H.P. in MAC Petition No.23-N/2 of 2010, with a prayer to quash and set aside the same.
2. Briefly facts of the case, giving rise to present appeal, are that the claimants/petitioners (respondents No.1 & 2 herein and hereinafter referred to as the petitioners) filed a claim petition under Section 166 of the Act before the Tribunal below, whereby they soug
The assessment of compensation must ensure fairness and reasonableness while considering income, future prospects, and applying the appropriate multiplier based on the deceased's age.
The court established that the compensation for death in a motor accident must accurately reflect the deceased's potential future income, utilizing the appropriate multiplier based on age rather than....
Compensation for motor vehicle accident must accurately factor in deceased's income, dependency needs, and established legal standards for future earnings and expense deductions.
Tribunals may rely on unrebutted testimony for income and age in accident claims; compensation calculated using one-third deduction, age-based multiplier per Sarla Verma and Pranay Sethi, without fut....
Point of Law : No compensation can be awarded under head ‘loss of love and affection’.
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