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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
VIRENDER SINGH
New India Assurance Co. Ltd. – Appellant
Versus
Kamla – Respondent
| Table of Content |
|---|
| 1. common judgment decides appeals from mact award. (Para 1 , 2 , 3) |
| 2. fatal accident from rash negligent truck driving. (Para 4) |
| 3. respondents deny negligence, cite license violation. (Para 5 , 6 , 7 , 8 , 9) |
| 4. tribunal frames issues, hears evidence, awards compensation. (Para 10 , 12 , 13) |
| 5. insurance challenges income, prospects, damages per sethi. (Para 14 , 15 , 16) |
| 6. claimants seek higher income, enhanced damages. (Para 17 , 18 , 19 , 20) |
| 7. mv act mandates just compensation to victims. (Para 21 , 22) |
| 8. deceased aged 35 years per post-mortem. (Para 23) |
| 9. oral evidence proves rs.12,000 monthly income. (Para 24 , 25 , 26 , 27 , 28 , 29) |
| 10. 40% future prospects for unorganized sector. (Para 30 , 31) |
| 11. 1/3 deduction, multiplier 16, fixed heads. (Para 32 , 33) |
| 12. compensation enhanced to rs.23,45,400/- at 7.5% interest. (Para 34 , 35 , 36 , 37 , 38) |
JUDGMENT :
VIRENDER SINGH, J.
1. Both the aforesaid appeals are being decided by a common judgment, as these appeals have arisen out of the award dated 1.4.2017, passed by the Court of learned Motor Accident Claims Tribunal-II, Solan, District Solan, H.P. (hereinafter referred to as ‘the learned Tribunal’), in Claim Petit
Credible oral evidence proves self-employed income sans documents; 40% future prospects for unorganized sector deceased under 40; conventional heads fixed at Rs.15,000x3 + Rs.40,000 consortium.
Point of Law : Amount of compensation can be enhanced by an appellate court, while exercising powers under Order 41 Rule 33 CPC.
Age of deceased should be basis for applying multiplier.
The main legal point established in the judgment is the reliance on oral testimony to determine the deceased's income and the application of established legal principles to modify the compensation am....
The main legal point established in the judgment is the application of legal principles from the case of Pranay Sethi (Supra) to determine the compensation under various heads, including future prosp....
Unchallenged oral evidence proves deceased's income despite no documents; 40% future prospects for self-employed under 40; conventional heads fixed at Rs.50,000/- consortium, Rs.20,000/- estate/funer....
The court established that insurers can be held liable to pay compensation even if the driver lacks a valid license, following the 'pay and recover' principle.
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