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VIPIN CHANDRA DIXIT
H. D. F. C. Ergo General Insurance Company Ltd. – Appellant
Versus
Vimlesh – Respondent
JUDGMENT
Vipin Chandra Dixit, J.
Heard Sri. Sushil Kumar Mehrotra, learned counsel for the appellant and Sri. Satya Deo Ojha, learned counsel appearing on behalf of claimants-respondent nos.1 to 4. No one is present on behalf of owner-respondent no. 5.
2. This FAFO has been filed by the appellant under Section 173 of Motor Vehicles Act against the judgment and award dated 22.3.2017 passed by Motor Accident Claims Tribunal/Additional District & Sessions Judge, Court No.9, Muzaffarnagar in MACP No.230 of 2015 (Smt. Vimlesh and others v. Om Kumar Tyagi), by which compensation of Rs. 6,22,500/- alongwith 7% annual simple interest has been awarded in favour of claimants on account of death of Daya Ram aged 40 years who died in road accident.
3. It is submitted by learned counsel for the appellant that claimants had failed to prove the factum of accident as well as involvement of insured vehicle in the accident. It is further submitted that FIR was lodged by the claimants after nine months of the accident. Neither postmortem nor panchayatnama of the deceased was conducted and the cause of death could not be ascertained. It is further submitted that the age of the deceased was accepted as 4
Claimants must prove the involvement of the insured vehicle and negligence; evidence was sufficient to uphold the compensation awarded.
Compensation for death in motor accidents must include future prospects and non-pecuniary damages, with the multiplier adjusted based on the deceased's age.
Legal heirs are entitled to compensation under the Motor Vehicles Act regardless of their dependency status at the time of the accident.
Tribunal has correctly held the age of the deceased to be 43 years and therefore correctly applied the multiplier 14.
The main legal point established in the judgment is the application of relevant Supreme Court judgments to determine the competency of the tractor driver and the calculation of compensation based on ....
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