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J. J. MUNIR
New India Assurance Co Ltd – Appellant
Versus
Laxmi Narayan – Respondent
JUDGMENT
J.J. Munir,J.
This appeal is directed against the judgment and award of Mr. V.K. Tyagi, Motor Accident Claims Tribunal/ Special Judge (Essential Commodities Act), Etawah dated 17.08.2004, partly allowing Claim Petition No.70 of 2001.
2. Heard Mr. Anubhav Sinha, Advocate holding brief of Mr. Amaresh Sinha, learned Counsel for the appellant/ Insurance Company and Mr. Ram Ashish Pandey, learned Counsel appearing on behalf of respondent no. 1/1, the claimant.
3. The original claimants are respondent Nos.1 and 2 to the appeal, to wit, Laxmi Narayan Dubey and Smt. Kusum wife of Laxmi Narayan Dubey. Pending appeal, the claimant-respondent Nos.1 and 2 died and are now represented by their son Jayant Kumar, arrayed as respondent No.1/1. The claimant-respondent Nos.1 and 2, now represented by claimant-respondent No.1/1, shall hereinafter be referred to as 'the claimants'.
4. The claimants are the heirs of the deceased, Rajesh Kumar, who was on board the ill-fated Jeep that met with an accident, more-fully described hereinafter.
5. According to the claimants, on 14.07.2000 at about 2:30 in the midnight hours, Rajesh Kumar @ Pandit was on board Jeep No. UP-75B-9599, proceeding from Kanp
The court established that the calculation of compensation must consider the deceased's income, appropriate multiplier, and future prospects, independent of any pension received by the dependents.
The insurance policy covered passengers, and the court upheld the Tribunal's compensation calculation using the multiplier method, enhancing the total to Rs.5,38,300.
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 court established that compensation for motor accident victims must be just and equitable, considering loss of dependency and conventional heads, while adhering to established legal principles.
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