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NIDHI GUPTA
Bala Devi – Appellant
Versus
Mahender Singh – Respondent
| Table of Content |
|---|
| 1. compensation awarded based on evidence of death due to accident. (Para 1 , 2) |
| 2. claimants raise arguments for enhanced compensation. (Para 3 , 4) |
| 3. court's analysis of deceased's age and income. (Para 6 , 7 , 8 , 9 , 10) |
| 4. reassessment of total compensation including conventional heads. (Para 11 , 12) |
| 5. final order maintains interest and compensation distribution. (Para 13 , 14) |
JUDGMENT
Nidhi Gupta, J.
Present appeal has been filed by the claimants seeking enhancement of compensation of Rs.14,70,000/- granted by Motor Accident Claims Tribunal, Bhiwani (hereinafter referred to as "the learned Tribunal") vide Award dated 09.08.2018 passed in Claim Petition No.88 of 2017 filed under section 166 of the MOTOR VEHICLES ACT , 1988 (hereinafter referred to as "the Act"). Four claimants are the widow, minor son and parents of deceased-Bijender Singh @ Bijender.
2. Brief facts of the case are that the learned Tribunal on the basis of pleadings and evidence adduced before it concluded that the deceased-Bijender Singh @ Bijender had died due to injuries suffered by him in a motor vehicular accident that took place on 19.05.2017 at 11:40 am due to rash and negligent driving of
The court redefined the deceased's age for compensation calculation from 38 to 46 years and adjusted future earnings based on appropriate deductions, ultimately revising the compensation awarded by t....
The court confirmed that the compensation for wrongful death must reflect just and reasonable standards without profit motives, emphasizing dependency evidence in deductions.
The court established that minimum wage serves as the basis for calculating compensation, future prospects must be included, and the appropriate multiplier reflects the deceased's age.
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