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JASPREET SINGH
New India Assurance Co. Ltd. – Appellant
Versus
Anil Kumar – Respondent
JUDGMENT
Jaspreet Singh, J.
The Insurance Company has come up in Appeal under section 173 of the MOTOR VEHICLES ACT , 1988 assailing the award dated 07.08.2019 passed in Claim Petition No. 81 of 2018 by Motor Accident Claims Tribunal/Additional District Judge, Court No. VI, District Barabanki solely assailing the quantum.
2. Sri Anchal Mishra, learned counsel for the appellant has submitted that upon the death of Smt. Sunita on 01.11.2016, a Claim Petition bearing No. 81 of 2016 came to be filed. The averments of the claim petition indicated that Smt. Sunita being the pillion rider was traveling along with her husband Anil Kumar on his motorcycle bearing No. UP 32HF 8507. While the said couple had reached near Makarpur Petrol Pump, P.S. Loni Katra, District Barabanki, the offending truck bearing No. UP 83 H 9611 being driven rashly and negligently hit the motorcycle, as a result, Smt. Sunita received grievous injuries and she died on the spot.
3. It was further pleaded that Smt. Sunita was a proficient housewife and was also running a Tea Stall and was able to earn Rs. 6,000/- per month from the said Tea Stall and she contributed towards the household work and that was valued at Rs.
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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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(1) Preserving existing standard of living of a deceased’s family is a fundamental endeavour of motor accident compensation law.(2) Various methods can be employed by Court to fix notional income of ....
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