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RAJNESH OSWAL
New India Assurance Co. Ltd. – Appellant
Versus
Sehdev Singh – Respondent
JUDGMENT :
(Rajnesh Oswal, J.) :
1. The two separate appeals bearing Nos. 433/2011 and 411/2011 have been preferred by the appellant- Insurance Company against the judgment and award dated 21.04.2011 passed by the Motor Accidents Claims Tribunal, Kathua (hereinafter to be referred as the Tribunal) by virtue of which two claim petitions one bearing file No. 11/CP, titled, 'Sehdev Singh & Ors. v. Jasbir Singh & Ors.' filed by the parents as well as siblings of the deceased and the other bearing file No. 5/CP, titled, Reena Jasrotia v. Jasbir Singh and Ors. filed by the widow of the deceased, have been decided and the appellant has been directed to pay compensation of Rs. 13,50,000/- along with interest of 7.5% per annum from the date of filing of the claim petition till its realization to the respondents/claimants, namely, Reena Jasrotia (widow), Sehdev Singh (father) and Smt. Sudershna Devi (mother) in three equal shares.
2. Simultaneously, the claimant-Reena Jasrotia (widow) has also filed an appeal bearing MA No. 436/2011 against the aforesaid award for proper apportionment of the compensation as she claims to be entitled to 2/3rd of the compensation awarded by the Tribunal.
3. In bo
Compensation for death in motor vehicle accidents under the Motor Vehicles Act cannot be reduced by pension or insurance benefits, as these are not directly linked to the accident, and the principle ....
The main legal point established in the judgment is that claimants are entitled to just compensation under the Motor Vehicles Act, and any pecuniary advantage accrued to the deceased should not be de....
The pension drawn by the deceased can form the basis for the determination of compensation for loss of dependency.
Compensation for wrongful death under the Motor Vehicles Act must not deduct pension or insurance benefits; claimants are also entitled to future prospects enhancement regardless of the deceased's ag....
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