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JASPREET SINGH
Kusum Tiwari – Appellant
Versus
United India Insurance Company Ltd – Respondent
JUDGMENT
Jaspreet Singh, J.
Heard Shri Sanjay Kumar Rao, learned counsel for the appellants and Shri Anchal Mishra, learned counsel for the respondent-Insurance Company. None has put in appearance on behalf of the respondent no.2. Shri R. P. Singh, learned counsel has put in appearance on behalf of the respondent no.3 and none has put in appearance on behalf of the respondent no.4 in FAFO No.413 of 2022.
2. The instant appeal has been preferred under Section 173 of the MOTOR VEHICLES ACT by the claimants seeking enhancement in the award dated 29.08.2016 passed by the Motor Accident Claim Tribunal/District Judge-II, Lucknow in Claim Petition No.209 of 2006 (Smt. Kusum Tiwari and others v. Virendra Kumar Maurya and others) whereby the Tribunal has awarded a sum of Rs.12,08,000 alongwith 7% interest payable from the date of the petition till the date of final payment and deducting three years interest therefrom.
3. Briefly the facts giving rise to the instant appeals are that Nar Singh Narayan Tiwari, a lawyer by profession, on 05.09.2004 was travelling in his Maruti Van number U P 32 AG 6515 and was on his way to Unchahar while at around 03:00 PM near Police Station Mohanlalganj on the
The court established that dependency must be proven for compensation claims, the correct multiplier for age is crucial, and future prospects should be included in compensation calculations under the....
Compensation in motor accident claims is determined based on preponderance of probabilities, with emphasis on establishing negligence through witness testimony and recalibrating compensation accordin....
The appellate court can enhance compensation under the Motor Vehicles Act even without a cross-appeal from claimants, ensuring just compensation based on evidence.
Compensation for motor vehicle accidents must reflect just and equitable principles, recognizing future earnings potential, with interest rates aligned to judicial precedents.
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.
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