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AMARJOT BHATTI
United India Insurance Company Limited – Appellant
Versus
Mahesh Kumar – Respondent
AMARJOT BHATTI, J.
1. The appellant – United India Insurance Company Ltd. In FAO-6143-2013 has filed the present appeal for setting aside the impugned award dated 10.09.2013 passed by learned Motor Accident Claims Tribunal, Sirsa, whereas, the appellant/claimant – Mahesh Kumar in FAO-6318-2013 has filed the present appeal for modification and enhancement of compensation awarded by the Tribunal as referred above. Both these appeals have arisen out of the same award dated 10.09.2013, therefore, the appeals are taken up together for disposal.
2. The facts of the case are that Mahesh Kumar filed claim petition under Section 166 of Motor Vehicles Act, 1988 for grant of compensation of Rs. 15 lacs alongwith interest on account of injuries suffered by him in a Motor Vehicular accident. It is submitted that at the time of accident, he was 45 years old and was doing private job and was in the business of trading as part time job and earning Rs. 20,000/- per month. On the fateful day of 31.10.2011, at about 02:30 P.M. he was going on his motorcycle bearing No. HR-24-N-9860 on Dabwali road and whe
The main legal point established in the judgment is the court's authority to uphold the findings of the lower tribunal and grant enhanced compensation based on the evidence presented.
Compensation awarded for death in a motor vehicle accident is justified based on established negligence, despite insufficient documentary proof of earnings, applying minimum wage standards.
The court established that negligence in vehicular accidents must be clearly evidenced, and contributory negligence must be carefully assessed to determine liability and compensation.
The principle that in motor accident claims, the burden of proof lies on the claimant to establish the case on the preponderance of probabilities, and the Tribunal is not strictly bound by the rules ....
Point of Law : In a case of more than 31% disability, future prospects has to be added. Hence, if future prospects at 40% is added, the income of the claimant comes to Rs.28,000/-per month. [Para 25....
The main legal point established in the judgment is the application of the preponderance of probabilities standard in motor vehicle accident cases and the assessment of compensation based on evidence....
The main legal point established is the requirement to award just compensation in motor accident claim petitions, considering the pain, suffering, loss of amenities, and future medical expenses, and ....
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