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NIDHI GUPTA
Kamlesh – Appellant
Versus
Rakesh @ Kaliya – Respondent
JUDGMENT
Nidhi Gupta, J.
Present appeal has been filed by the claimants seeking enhancement of compensation of Rs.15,82,000/- granted by the Motor Accident Claims Tribunal, Bhiwani (hereinafter referred to as 'the Tribunal') vide Award dated 21.11.2018 passed in MACP-215/2016 under section 166 of the MOTOR VEHICLES ACT ,1988 (hereinafter referred to as 'the Act'). Five claimants are widow, three minor children and mother of the deceased Subhash.
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 17.4.2016 due to rash and negligent driving of Motorcycle bearing registration NO. HR-16N/4906 (hereinafter referred to as 'the offending vehicle') being driven by respondent no.1, owned by respondent no.2 and insured by respondent no.3. The Tribunal awarded compensation as above along with interest @ 9% 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 appellants seeks enhancement of compensation on the ground that claimants had proved on record that the
The court recalibrated compensation for a road accident victim's heirs based on reasonable income estimation, deviating from the original Tribunal assessment.
The court confirmed that the compensation for wrongful death must reflect just and reasonable standards without profit motives, emphasizing dependency evidence in deductions.
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