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SALIL KUMAR RAI
Servesh Devi – Appellant
Versus
Ankush Agar – Respondent
JUDGMENT :
1. This is a claimants' appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as, 'Act, 1988') against the judgment and award dated 17.9.2015 passed by the Motor Accident Claims Tribunal, Aligarh in Motor Accident Claim Petition No. 460 of 2014 (Smt. Sarvesh Devi & Ors. vs. Ankush Agarwal & Ors). The appeal is for enhancement of compensation. The office reports dated 16.12.2019, 24.3.2021 and 10.3.2022 state that notices by registered post as well as ordinary post were issued to the opposite parties but no acknowledgment has been returned nor any undelivered cover has been received back. In view of the aforesaid, service of notice on the opposite parties is deemed sufficient. No one has put in appearance on behalf of the opposite parties. No cross appeal or cross objection has been filed by the opposite parties who are the owners, drivers and the Insurance Company.
2. The facts of the case are that Motor Accident Claim Petition No. 460 of 2014 was instituted by the claimants- appellants under Section 166 of the Act, 1988 alleging that one Ha
The main legal point established in the judgment is that the determination of compensation under the Motor Vehicles Act, 1988 should consider the notional income of the deceased, future prospects, an....
Point of Law : In death cases, compensation would be awarded only under three conventional heads, viz – loss of estate, loss of consortium and funeral expenses.
The quantum of compensation payable to the claimants in a motor accident claim petition is to be determined by considering various factors, including future prospects, personal expenses of the deceas....
Point of law: Where there is positive evidence of income and where minimum income is determined on guesswork in the facts and circumstances of a case.
The main legal principle established in the judgment is the standardization of addition to income for future prospects and the need for uniformity and consistency in determining compensation in motor....
The main legal point established in the judgment is the applicability of the Supreme Court judgment in National Insurance Co. Ltd. Vs Pranay Sethi & Ors. and the proper calculation of compensation ba....
The Court applied the principles laid down by the Supreme Court in determining compensation under the Motor Vehicles Act, emphasizing the retrospective applicability of Supreme Court decisions.
The main legal point established in the judgment is the application of Rule 220-A(3) of the Rules of 1998 for determining future prospects and the use of the multiplier as per the Second Schedule to ....
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