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JASPREET SINGH
Pushpa Gupta – Appellant
Versus
Regional Manager Shri Ram General Insurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. summary of accident circumstances and parties involved. (Para 2 , 6 , 7) |
| 2. arguments regarding contributory negligence and pension deduction. (Para 3 , 4) |
| 3. tribunal's handling of negligence and evidence. (Para 5 , 8 , 9) |
| 4. determination of compensation; deduction errors. (Para 10 , 16) |
| 5. legal principles governing compensation and deductions. (Para 11 , 12 , 14 , 15 , 17) |
| 6. final judgment and order for modification of compensation. (Para 18 , 19) |
JUDGMENT
Jaspreet Singh, J.
Heard Sri Sanjay Kumar Srivastava, learned counsel for the appellants and Sri Dinesh Kumar, learned counsel for the respondent no.1.
2. The instant appeal has been preferred under Section 173 of the Motor Vehicle Act, 1988 seeking enhancement of the award dated 31.08.2015 passed by the Motor Accident Claims Tribunal / District Judge, Sultanpur in Claim Petition No.113 of 2012 (Smt. Pushpa Gupta and another v. Ajay Kumar Singh) wherein on account of motor accidental death of Sri Harish Kumar Gupta, a sum of Rs.85,814/- has been awarded along with seven percent interest to the claimants.
3. The submission of learned counsel for the appellants is two fold:-
An employee dies in harness even in normal course, due to illness and to maintain the family of the deceased one of the dependents may be entitled for compassionate appointment but that cannot be ter....
The court reinforced that all allowances must be included in calculating income for compensation, and compassionate appointments should not affect future earnings claims under the Motor Vehicles Act.
Point of law: Section 110A and Section 110B of Motor Act, 1988 are not merely procedural provisions. They substantively affect the rights of the parties. The right of action created by Fatal Accident....
Compensation under the Motor Vehicles Act should not deduct benefits like family pension, which are separate from statutory compensation, and contributory negligence was established based on availabl....
The main legal point established in the judgment is the proper attribution of contributory negligence and the computation of just and reasonable compensation.
Family pension cannot be deducted from the deceased's income when calculating compensation for wrongful death in motor accident claims.
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