IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JIYA LAL BHARDWAJ
Ratnoo Ram – Appellant
Versus
Himachal Pradesh Road Transport Corporation – Respondent
| Table of Content |
|---|
| 1. appeal against tribunal's inadequate estate loss award (Para 1 , 2 , 3 , 4) |
| 2. contest over dependency, legal rep, low quantum (Para 5 , 6) |
| 3. legal reps entitled sans dependency via estate inheritance (Para 7 , 8 , 9 , 10 , 11) |
| 4. notional rs.25,000 income, multiplier 18, consortium added (Para 12 , 13 , 14 , 15 , 16 , 17) |
| 5. compensation interest enhanced to 9% per precedents (Para 18 , 19) |
| 6. award modified to rs.4,05,000 plus 9% interest (Para 20 , 21) |
JUDGMENT :
Jiya Lal Bhardwaj, J.
The appellant feeling aggrieved by the inadequate compensation awarded in his favour vide award dated 10.11.2015 passed by the Motor Accident Claims Tribunal-III, Shimla in MAC Petition No.29-S/2 of 2015/14, titled, Ratnoo Ram vs. HRTC and another has preferred the present appeal. The Tribunal has awarded a sum of Rs.1,52,000/- in favour of the appellant along with interest @7.5% per annum from the date of filing the petition till the date of realization of the amount.
2. Shorn of unnecessary details, the appellant is the unfortunate father of his deceased son Suresh who died in a motor vehicular accident occurred on 08.09.1992 when he was 18 years old.
3. The appellant filed a claim peti

Gujarat SRTC vs. Ramanbhai Prabhatbhai
N. Jayasree and others Vs. Cholamandalam MS General Insurance Company Limited
National Insurance Company Limited vs. Pranay Sethi and others
Puttamma vs. K.L. Narayana Reddy
Magma General Insurance Company Ltd. Versus Nanu Ram
Non-dependent father as legal representative entitled to death compensation based on deceased son's notional income of Rs.25,000/- p.a., 40% future prospects, multiplier 18, filial consortium, loss o....
Legal representatives, even if not dependents, are entitled to compensation on account of loss of estate under S.166 of the Motor Vehicles Act.
The main legal point established in the judgment is that even major and earning legal representatives of the deceased are entitled to claim compensation under the head of loss of dependency, as inter....
Legal representatives can claim compensation under the Motor Vehicle Act regardless of dependency, emphasizing a broad interpretation of 'legal representative' to ensure justice.
Legal representatives under Section 166 of the Motor Vehicles Act are not limited to spouse, parent, and children, but also include brothers and other dependents.
The main legal point established in the judgment is the interpretation and application of Section 166 of the Motor Vehicles Act, 1988, regarding the impleading of legal representatives of the decease....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.