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JASPREET SINGH
Oriental Insurance Company Ltd. – Appellant
Versus
Sunil Kumar Shah – Respondent
| Table of Content |
|---|
| 1. the appeal disputes the tribunal's compensation determination, focusing on quantum. (Para 2 , 4 , 5 , 11) |
| 2. the age of the deceased affects future compensation calculations. (Para 6 , 10 , 15) |
| 3. the court modifies the compensation amount awarded by the tribunal. (Para 18 , 19 , 20) |
JUDGMENT
Jaspreet Singh, J.
Heard Shri Satyajit Banerji, learned counsel for the appellant and Shri Shivansh Agarwal alongwith Shri Sandeep Kumar, learned counsel for the respondents No. 1 to 5 on caveat.
2. The instant appeal has been preferred by the Insurance Company being aggrieved against the award dated 09.06.2023 passed in Claim Petition No.160 of 2019 by the Motor Accident Claims Tribunal South, Lucknow wherein a death case the Tribunal has awarded a sum of Rs.38,49,454.20 alongwith 7% interest in favour of the claimant-respondents No. 1 to 5.
3. Shri Satyajit Banerji, learned counsel for the appellant submits that the award is being challenged solely on the ground of quantum. It is urged that the Tribunal has erred in taking the age of the deceased as 50 years whereas the documentary evidence filed by the claimants established that the deceased was 52 years of age and this would
The appeal clarifies the method for calculating compensation based on accurate age and future prospects in personal injury claims.
Compensation calculation must reflect accurate age assessment and loss categories, with emphasis on proper income substantiation for just compensation in accident claims.
The court redefined the deceased's age for compensation calculation from 38 to 46 years and adjusted future earnings based on appropriate deductions, ultimately revising the compensation awarded by t....
Point of law: The Tribunal had awarded interest at the rate of 12% p.a. but the same had been too high a rate in comparison to what is ordinarily envisaged in these matters. The High Court, after mak....
The correct multiplier for compensation should be based on the deceased's age, not that of the parents, affecting total compensation calculations.
The main legal point established in the judgment is the correct assessment of compensation under the Motor Vehicles Act, 1988, including income, future loss of income, and interest rate.
The main legal point established in the judgment is that the deceased's actual income and age should be considered for applying the multiplier in motor accident compensation cases, as per the Supreme....
The appropriate income, future prospects, and multiplier for calculating compensation under the Motor Vehicles Act were determined based on legal principles established in previous cases.
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