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AJAY BHANOT
Tata A. I. G. General Insurance Co. Ltd. – Appellant
Versus
Amar Kaur – Respondent
JUDGMENT :
Ajay Bhanot, J.
1. Heard Shri Ram Singh, learned counsel for the appellant-claimants and Shri Sushil Kumar Mehrotra, learned counsel for the appellant-Insurance Company.
I. INTRODUCTION
2. These two appeals arise out of an award made by the learned Motor Accident Claims Tribunal/Additional District Judge, Aligarh, hereinafter referred to as the “learned tribunal” in Motor Accident Claim Petition No. 709 of 2014 (Amar Kaur and another Vs. Tata A.I.G. General Insurance Co. Ltd. and others) dated 11.04.2017 by partly allowing the claim of the claimants.
2.1. The appeals have been filed by the Insurance Company and the claimants respectively and are being decided by a common judgement.
II. Case of the claimants and respondents before the learned tribunal:
3. Briefly the case of the claimants before the learned tribunal was that the deceased died of injuries sustained in an accident which occurred on 26.08.2014, and was caused by the rash and negligent driving of the driver of Bolero Jeep bearing Registration No. UP 81 X 0168. The offending vehicle was insured by TATA AIG Genera
The main legal point established in the judgment is the proper calculation of compensation under various heads, including salary, future prospects, application of multiplier, conventional heads, and ....
Rule 220A-3(i) of Rules is future prospects of a deceased, shall be added in actual salary or minimum wages of deceased.
The court applied the Uttar Pradesh Motor Vehicles Rules, 1998 to determine the compensation, including income, future prospects, and conventional heads, and upheld the interest and manner of payment....
The Court upheld the application of statutory provisions to ensure just compensation for the claimants.
Accident claim - loss of dependency – Entitlement of enhanced compensation amount
The main legal point established in the judgment is the application of principles from Pranay Sethi and Sarla Verma for the calculation of compensation under various heads in fatal accident cases.
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