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AJAY BHANOT
Nilofar – Appellant
Versus
Sarika Arora – Respondent
JUDGMENT :
1. The appeal arises out of a judgment and award dated 03.04.2017 rendered by the Motor Accident Claims Tribunal/Additional District Judge, Court No.4, Kanpur Nagar in Claim Petition No.75 of 2013 (Nilofar v. Sarika Arora and others) partly allowing the claim of the claimant. This appeal has been filed by the claimant/appellant for enhancement of the amount awarded by the tribunal in the impugned judgment.
2. The brief case of the claimant before the learned tribunal was that the deceased died in an accident on 14.08.2012 which was caused entirely by rash and negligent driving of the driver of the offending truck bearing registration No.U.P.-T/1360. On the fateful day, the deceased was riding a motorcycle when the truck collided with him. At the time of his death, the deceased was 28 years old. The claimant-appellant was dependent on the deceased.
I. Compensation awarded by the learned tribunal:
3. The learned tribunal in the impugned judgment dated 03.04.2017 awarded compensation which is depicted in a tabulated form hereunder :
| S. No. | Heads | Amount (in rupees) |
Rule 220A-3(i) of Rules is future prospects of a deceased, shall be added in actual salary or minimum wages of deceased.
Point of Law : In absence of any governing principle available in statutory regime, it was only in form of an indication - If a statutory instrument has devised a formula which affords better or grea....
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 ....
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 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 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 legal principles related to compensation under the Motor Vehicles Act, specifically focusing on loss of dependency, future prosp....
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