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VIKRAM AGGARWAL
Champa – Appellant
Versus
Trilok Chand – Respondent
JUDGMENT
Vikram Aggarwal, J.
The instant appeal has been preferred by Smt. Champa, who is the sole claimant and mother of deceased Bal Raj, who expired in a motor vehicular accident which took place on 04.11.2000. She claims enhancement in the compensation of Rs. 1,30,000/- awarded by the Motor Accident Claims Tribunal, Faridabad (for short "the Tribunal"), vide award dated 01.10.2004.
2. Briefly put, the facts are that Bal Raj, who was unmarried and was 32 years old, was driving a Canter bearing Registration No.HR38-BG-4100 and was going from Faridabad to Madhya Pradesh. He was accompanied by two persons namely Rohtash and Pappu. When they reached in the area of Police Station Sadar Palwal, a truck bearing Registration No.HR38-8572 (hereinafter to be referred to as "the offending vehicle") came from behind. It was being driven in a rash and negligent manner by respondent No.1 which struck against the Canter, as a result of which the Canter fell into the nearby ditch and struck against a eucalyptus tree. Bal Raj expired at the spot on account of his having received multiple injuries. The matter was reported to the police and an FIR is stated to have been registered against respondent
The court established that future prospects must be included in compensation calculations, applying a multiplier based on the deceased's age, resulting in enhanced compensation for the claimant.
Compensation calculations in motor accident claims must include allowances and future prospects, with appropriate multipliers based on the deceased's age.
The court emphasized the necessity of just compensation reflecting actual earnings and loss of dependency in motor accident claims.
The court determined compensation based on the deceased's age and income, emphasizing reliance on documentary evidence and established legal principles in motor vehicle accident claims.
The court established that compensation calculations must accurately reflect the deceased's age, income, dependents, and future prospects, adhering to established legal precedents.
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