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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Sabita Devi W/o Late Kangresh Bhuiyan – Appellant
Versus
Dineshwar Sharma S/o Shri Andrika Sharma – Respondent
| Table of Content |
|---|
| 1. introduction of case and counsel representation. (Para 1) |
| 2. details of the accident and claim. (Para 2 , 3) |
| 3. insurance company and owner's opposition to appeal. (Para 4 , 5) |
| 4. assessment of income, deductions, and legal precedent. (Para 6 , 7) |
| 5. modification and calculation of compensation. (Para 8 , 9 , 10) |
| 6. court's directive for payment and closure of appeal. (Para 11 , 12) |
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. Vijay Kr. Sharma, learned counsel appearing for the appellants, Mr. Rajesh Kr. Singh, learned counsel appearing for the respondent No.1 and Ms. Shweta Singh, learned counsel appearing for the respondent No.2
2. This appeal has been preferred against the judgment and award dated 09.02.2023 passed by learned Motor Accident Claims Tribunal-cum-District Judge-1, Chatra in Motor Accident Claim Case No.07 of 2018 for enhancement of the claim.
3. Learned counsel appearing for the appellants submits that the claimants before the learned Tribunal were the wife and three minor children of the deceased. He further submits that the claim case was instituted stating that on 26.06.2016 the deceased Kangresh Bhuiyan was returning from Dobhi to his house at vill
Compensation for loss of consortium encompasses spousal and parental elements without separate consideration for loss of love and affection; future income prospects must reflect a 25% increase based ....
The assessment of a housewife's contribution to family income cannot be equated to minimum wages, and loss of consortium must adhere to established legal standards.
The main legal point established in the judgment is the determination of compensation in motor accident claims, including the computation of deceased's income, grant of future prospects, and compensa....
The court ruled that contributory negligence of the deceased was rightly assigned at 50%, and recalibrated income for compensation to Rs.7,500, affirming spousal and parental consortium allowances.
The main legal point established in the judgment is the application of principles for determining compensation under various heads as per the Motor Vehicles Act, 1988 and relevant Supreme Court decis....
The compensation for loss of consortium is not restricted to Rs.40,000/- only for spousal consortium. In addition thereto, similar amounts of consortium may be extended under the heads of filial cons....
The central legal point established in the judgment is the proper assessment of compensation under the Motor Vehicles Act, taking into account the deceased's income, future prospects, and loss of con....
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