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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
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 village – Majhgawan on a bus bearing Registration No. BR-2Q-7951. When the bus reached at Nagar at around 6:00 hours, then the electric wire got entangled in the neck of deceased Kangresh Bhuiyan due to which he fell down on the road and got seriously injured. He submits that the deceased was forced to sit on the roof of the bus by the driver and khalasi. The deceased was taken to Hunterganj Hospital
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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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