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New India Assurance Company Ltd. – Appellant
Versus
Washeema Bano – Respondent
JUDGMENT :
SALIL KUMAR RAI, J.
1. Both the First Appeals From Order have been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘Act 1988’) and arise from the same award of the Tribunal, i.e. the judgment and award dated 26.3.2016 passed by the Motor Accident Claims Tribunal/FTC Court, District-Lakhimpur Kheri (hereinafter referred to as, ‘Tribunal’) in Motor Accident Claim Petition No. 339 of 2014 and were therefore connected and have been heard together.
2. Motor Accident Claim Petition No. 566 of 2016 has been filed by the Insurance Company, which was one of the defendant in Motor Accident Claim Petition No. 339 of 2014 and has been filed to set aside the award dated 26.3.2016. Motor Accident Claim Petition No. 145 of 2017 has been filed by the claimants for enhancement of compensation. The Insurance Company is the appellant in F.A.F.O. No. 566 of 2016 and shall be referred as Insurance Company in the present judgment, the claimants are respondent Nos. 1 to 8 in the aforesaid appeal and shall be referred as claimants in the present judgment. The owner of the offending vehicle is respondent No. 9 in F.A.F.O. No. 566 of 2016 and shall be referred as
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 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....
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....
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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