KARAMJIT SINGH
Chander Kanta @ Kanta – Appellant
Versus
Hari Singh – Respondent
JUDGMENT
Karamjit Singh, J.
The present appeal has been filed by the claimants/appellants seeking enhancement of the quantum of compensation of Rs. 8,26,856/- granted by the Motor Accident Claims Tribunal, Narnaul (in short, "the Tribunal") vide award dated 9.9.2013.
2. That appellants No.1 and 2/claimants No.1 and 2 are parents and appellant No.3/claimant No.3 is brother of deceased Anit. On 17.5.2011, deceased was travelling along with Krishan on a motorcycle No.HR-35-E-3315, which was driven by Udaiveer. They were followed by Rajesh Kumar, who was driving another motorcycle. When they reached near turn of village Meghot Binja, car No.HR-35E-3401, which was driven in rash and negligent manner by respondent-Hari Singh came from the side of Narnaul at a very high speed and struck against motorcycle of Anit. As a result of said accident Anit sustained injuries and died. The accident was witnessed by Rajesh Kumar and FIR was registered against respondent-Hari Singh for causing the aforesaid accident. The offending car was owned by respondent-Dharampal Yadav and was insured with Reliance General Insurance Company Ltd. The deceased was 22 years of age and was working as a Compounder in
National Insurance Company v. Parnay Sethi
Sidram v. the Divisional Manager, United India Insurance Company Limited
The court can enhance compensation awarded by a tribunal based on established income and applicable legal precedents.
The assessment of notional income, future prospects, and various heads of compensation under the Motor Vehicles Act influenced the court's decision to modify the judgment of the Claims Tribunal.
Determination of compensation for wrongful death must utilize notional income when actual income is unproven and it should reflect the loss suffered by claimants, including appropriate filial consort....
The assessment of compensation under different heads in road traffic accident cases should consider notional income, future prospects, and relevant legal precedents.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.