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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
SUSHIL KUKREJA
Sudha Devi – Appellant
Versus
Brij Lal – Respondent
| Table of Content |
|---|
| 1. claim for compensation due to wrongful death (Para 2 , 3) |
| 2. defendant's admissions and denials (Para 4 , 5 , 6) |
| 3. appellant's arguments for increased compensation (Para 8 , 9) |
| 4. court's examination of facts (Para 12 , 13) |
| 5. assessment of deceased's income and deduction criteria (Para 14 , 15 , 16) |
| 6. multiplier application based on age for compensation (Para 21) |
| 7. modification of total compensation award (Para 26) |
| 8. final judgment on compensation amount (Para 27) |
JUDGMENT :
SUSHIL KUKREJA, J.
1. The instant appeal has been maintained by appellants, who were petitioners/claimants before the learned Tribunal below (hereinafter referred to as “the petitioners/claimants”) under Section 173 of the Motor Vehicles Act, 1988 (for short ‘The Act’) against impugned award, dated 30.10.2012, passed by learned Motor Accident Claims Tribunal-II, Shimla, H.P., (hereinafter referred to as “the learned Tribunal”), whereby the claim petition filed by the petitioners-claimants, under Section 166 of the Act, was allowed and they were held entitled for compensation of Rs.6,06,000/- alongwith interest @ 7.5% per annum from the date of filing of the petition till the realization of the a
Compensation for motor vehicle accident must accurately factor in deceased's income, dependency needs, and established legal standards for future earnings and expense deductions.
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....
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 main legal point established in the judgment is the application of Rule 220-A(3) of the Rules of 1998 for determining future prospects and the use of the multiplier as per the Second Schedule to ....
The quantum of compensation payable to the claimants in a motor accident claim petition is to be determined by considering various factors, including future prospects, personal expenses of the deceas....
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