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JASPREET SINGH
Devi Yadav – Appellant
Versus
Agyaram Pandey – Respondent
JUDGMENT
Jaspreet Singh, J.
Heard Shri Anchal Mishra, learned counsel for the appellants and Shri Dinesh Kumar, learned counsel, who has put in appearance on behalf of the respondent No.3.
2. The record indicates that this Court by means of the order dated 03.07.2023 had required the Registrar of this Court to serve a copy of the order dated 03.07.2023 on the respondent No.3 - Company, because despite the service, none had appeared which was causing the delay in disposal of the appeal which is pending since 2010. In furtherance thereof, Shri Dinesh Kumar, learned counsel has put in appearance along with Shri Prashant Gaur, Legal Executive of the respondent No.3.
3. The Court has heard learned counsel for the parties and perused the material on record.
4. The instant appeal has been preferred under section 173 of the MOTOR VEHICLES ACT , 1988 seeking enhancement of the award dated 06.09.2010 passed by the MACT/Additional District Judge, Court No.5, Gonda in Claim Petition No.62/2008 wherein in a death case, a sum of Rs.4,17,500/- alongwith 6% interest has been awarded in favour of the appellants-claimants.
5. The submission of the learned counsel for the appellants is that the Tribun
The central legal point established in the judgment is the proper assessment of compensation under the Motor Vehicles Act, taking into account the deceased's income, future prospects, and loss of con....
The correct multiplier for compensation should be based on the deceased's age, not that of the parents, affecting total compensation calculations.
The central legal point established in the judgment is the proper assessment of compensation under the Motor Vehicles Act, including the deceased's income, future prospects, and suitable multipliers,....
Accident claim - Multiplier to be used should be as provided in column 4 of the judgment. Multiplier prescribed for the age group of 21-25 years is 18.
Accident claim - Accident occurred in the year 2012 and appeal is of the year 2018, therefore, interest, which is granted 7% will have to be 7.5% from the date of filing of the claim petition till th....
The court established that actual income evidence must be prioritized over notional income in compensation claims under the Motor Vehicle Act.
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