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SHABIHUL HASNAIN, SHEO KUMAR SINGH I
SAURABH GUPTA – Appellant
Versus
HASRATI – Respondent
What is the scope of compensation under the Motor Vehicles Act when death occurs in an accident arising out of the use of a motor vehicle?
What is the appropriate method for calculating future prospects, income, and multipliers for determining just compensation in a fatal motor vehicle accident case?
What constitutes the responsibility of the vehicle owner/insurer in a death case where the accident occurred during the use of the motor vehicle, and can contributory negligence of other parties bar claimants from compensation?
Hon’ble Sheo Kumar Singh-I, J.—This First Appeal From Order has been preferred under Section 173 of the Motor Vehicles Act against the judgment and order dated 28.2.2015 passed by Motor Accident Claims Tribunal/Special Judge (E.C.) Act, Lucknow, in Motor Accident Claim Petition No. 138 of 2010- Saurav Gupta and another v. Smt. Hasrati and another, whereby the claim petition filed by the claimants was dismissed by the learned Tribunal shifting 100% responsibility of the deceased in a case of accident.
2. Aggrieved by the order of the learned Tribunal, this appeal has been filed with the contention that the learned Tribunal has erred in deciding the case shifting 100% liability on the deceased.
3. The brief facts giving rise to filing of the present appeal are that Priyanka Negi was coming from Delhi to Lucknow with her husband Saurav Gupta, appellant No. 1, and his friend Vaibhav with Car No. DL 03 TC (SZ) 809 and when she reached near Ravi Filling Station falling in territorial jurisdiction of Police Station Fatehganj East in Bareilly on Delhi- Lucknow National Highway,
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