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ANUBHA RAWAT CHOUDHARY
Santosi Minz – Appellant
Versus
Divisional Manager (legal) The Oriental Insurance Co. Ltd. – Respondent
JUDGMENT :
1. This miscellaneous appeal has been filed against part of the Award dated 18.07.2019, passed by the learned Presiding Officer, Motor Vehicles Accident Claims Tribunal, Ranchi, in Motor Accident Claim Case No. 295 of 2016.
Arguments of the Appellants (Claimants)
2. The sole issue involved in the present case is as to whether the learned tribunal has erred in not adding future prospects to the income of the deceased while granting compensation under Section 163A of Motor Vehicles Act, 1988 (hereinafter referred to as the Act of 1988).
3. The learned counsel appearing on behalf of the appellants has relied upon the judgment passed by the Hon’ble Supreme Court reported in (2009) 14 SCC 1 (R.K. Malik and Another versus Kiran Pal and Others), and referred to paragraph 36 of the said judgment to submit that in the said case, the matter arose out of the quantification of compensation under Section 163A of the Motor Vehicles Act, and future prospects were taken into consideration while granting compensation.
4. He has further referred to the judgment passed by the Hon’ble Supreme Court in the case reported in (2017) 16 SCC 680 (National Company Insurance Ltd. versus Pranay Sethi and
Future prospects cannot be included in compensation calculations under Section 163A of the Motor Vehicles Act, as it operates under a structured formula distinct from Section 166.
Compensation under Section 163A of the Motor Vehicles Act must adhere strictly to the Second Schedule, excluding Future prospects and non-pecuniary damages.
The court clarified that claims under Section 163-A of the Motor Vehicles Act are limited to no-fault liability, while Section 166 allows for claims based on negligence, impacting the compensation aw....
Compensation in motor accident cases must include all income components, excluding only income tax and professional tax, and future prospects should be factored into the multiplicand for just compens....
The court ruled that the deduction for personal expenses of a bachelor is typically 50%, and the appropriate multiplier for compensation calculation is determined by age, affirming the principle of j....
Compensation under the Motor Vehicles Act must be just, fair, and reasonable, considering future prospects and qualifications of the deceased.
The court established that compensation must consider future income prospects, especially for students with high potential, and emphasized the need for realistic assessments of earning capacity while....
Compensation for fatal accidents under the Motor Vehicles Act must follow the structured formula in the Second Schedule, with recent amendments not applying retrospectively.
The main legal point established in the judgment is the Court's duty to award just compensation under the Motor Vehicles Act, taking into account recent legal developments and the power of the Court ....
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