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NIDHI GUPTA
Babli Devi – Appellant
Versus
Vinod Dutt – Respondent
JUDGMENT
Nidhi Gupta, J.
Present appeal has been filed by the claimants seeking enhancement of compensation of Rs.13,21,950/- granted by the Motor Accident Claims Tribunal, Ambala (hereinafter referred to as 'the Tribunal') vide Award dated 5.12.2018 passed in MACT Petition No.10 of 2017/2018 under section 166 of the MOTOR VEHICLES ACT ,1988 (hereinafter referred to as 'the Act'). Claimants are the mother and two major brothers aged 23-1/2 years and 21 years respectively, of the deceased Sourabh Kumar who was aged 18 years at the time of his death.
2. Ld. Tribunal on the appraisal of facts, pleadings and evidence on record held that the deceased had died due to injuries suffered by him in motor vehicular accident that took place on 1.2.2017 due to rash and negligent driving of Bus bearing registration No. HR-58-A-8208 (hereinafter referred to as 'the offending vehicle') being driven by respondent no.1, owned by respondent no.2 and insured by respondent no.4. The Tribunal awarded compensation as above along with interest @ 7.5% per annum from the date of filing of the claim petition till realization. Liability to pay the compensation was joint and several.
3. Ld. counsel for the appe
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 court emphasized that compensation under the Motor Vehicles Act must be just and may exceed the claimed amount, ensuring fair assessment based on evidence.
The court established that compensation awarded under the Motor Vehicles Act must be just and reasonable, irrespective of the amount claimed, emphasizing the tribunal's duty to assess fair compensati....
The main legal point established in the judgment is the determination of compensation in motor accident claims, including the computation of deceased's income, grant of future prospects, and compensa....
The main legal point established is the importance of assessing 'just and fair' compensation under the Motor Vehicles Act, 1988, Section 168, based on income tax returns and legal precedents.
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