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J. J. MUNIR
Kusum Devi – Appellant
Versus
Ram Chandra Kesarwani – Respondent
JUDGMENT
J.J. Munir, J. - This is a claimants appeal, arising out of the award of the Motor Accident Claims Tribunal/ Additional District Judge, Court No.12, Allahabad dated 12.02.2008 passed in MACP No. 365 of 2005.
2. Heard Ms. Deepali Srivastava Sinha, learned Counsel for the claimant-appellants and Mr. Rajeev Ojha, learned Counsel for respondent No. 2/Insurance Company. No one appears on behalf of respondent No. 1.
3. According to the claimant-appellants (for short, 'the claimants'), Vijay Singh Kushwaha was travelling on board Jeep, bearing registration No. UP-70S/9177 on the 23rd of May, 2005. The vehicle was moving between Karari and Allahabad (now Prayagraj). At about 2:30 in the afternoon, on account of the driver of the said vehicle driving it rashly and negligently, it collided with a Mahua tree. In consequence, Kushwaha sustained grievous injuries and died on the spot. At the time of his demise, Kushwaha was about 28 years. He was engaged in dairy business and agriculture. He would earn, according to the claimants, a sum of Rs. 10,000/- per mensem. A First Information Report about the accident was lodged with Police Station Sarai Akil, District Kaushambi. On the basis of
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 the calculation of compensation must consider the deceased's income, appropriate multiplier, and future prospects, independent of any pension received by the dependents.
The court clarified the principles for determining compensation in motor accident cases, including the inclusion of dependents, calculation of future prospects, and awarding compensation under the co....
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