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AJAY BHANOT
Pooja Shukla – Appellant
Versus
Vijay Kumar Tiwari – Respondent
JUDGMENT :
I. INTRODUCTION
1. The instant appeal arises out of an award made by the learned Motor Accident Claims Tribunal/Additional District Judge, Kanpur, [hereinafter referred to as the “learned tribunal”] dated 13.09.2018 in Motor Accident Claim Petition No. 994 of 2013 (Smt. Pooja Shukla and others Vs. Vinay Kumar Tiwari and others) by partly allowing the claim of the claimants.
II. Case of the claimants and respondents before the learned tribunal:
2. Briefly the case of the claimants before the learned tribunal was that the deceased died of injuries sustained in an accident which occurred on 14.08.2013, and was caused by the rash and negligent driving of the driver of JSA Loader bearing Registration No. UP 78 CN 7323. The offending vehicle was insured by the respondent no. 2-United India Insurance Company Ltd. The claimants are the dependants on the deceased Amit Shukla. The deceased was running a unit which manufactures snacks. The deceased was 30 years of age at the time of his de
Rule 220A-3(i) of Rules is future prospects of a deceased, shall be added in actual salary or minimum wages of deceased.
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 : 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 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....
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