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SANJAY VASHISTH
Uma Verma – Appellant
Versus
Subhash Rana – Respondent
| Table of Content |
|---|
| 1. context of accident and parties involved. (Para 1 , 2) |
| 2. claim petition details and evidence presented. (Para 3 , 4 , 5 , 6) |
| 3. arguments regarding salary determination and compensation. (Para 7 , 8 , 10 , 12 , 13) |
| 4. assessment of various compensatory aspects. (Para 9 , 11 , 14 , 15 , 16) |
| 5. final compensation amount and interest. (Para 17 , 18 , 19 , 20 , 21) |
JUDGMENT
Mr. Sanjay Vashisth, J. (Oral)
The present appeal has been filed by the Appellants/petitioners/claimants (hereinafter referred as claimants) in MACT Case No. 46 of 2000 dated 12.01.2002 for modification of award/judgement dated 12.01.2002 passed by Ld. Motor Accidents Claims Tribunal, Jagadhri (hereinafter referred to as Ld. Tribunal) by way of seeking enhancement of amount of compensation, on account of death of Mukesh Verma.
The petitioners-claimants in the present case are widow (Appellant No. 1), daughter (Appellant No. 2), son (Appellant No. 3), father (Appellant No. 4) and mother (Appellant No. 5)of the deceased Mukesh Kumar.
2. Briefly stated facts of the case are that the fatal accident took place on 07.02.2000 when the deceased Mukesh Verma was coming from Yamunanagar Bus Stand to Jagadhri. Muk
Point of Law : No compensation can be awarded under head ‘loss of love and affection’.
The assessment of compensation must ensure fairness and reasonableness while considering income, future prospects, and applying the appropriate multiplier based on the deceased's age.
Proper assessment of the deceased's income, tax deductions, and future prospects is essential in determining compensation in motor accident claims.
Compensation for motor vehicle accident must accurately factor in deceased's income, dependency needs, and established legal standards for future earnings and expense deductions.
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