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VIPIN CHANDRA DIXIT
Kusma Devi – Appellant
Versus
Jitendra Kumar – Respondent
JUDGMENT
Vipin Chandra Dixit, J.
Heard Sri. Ram Singh, learned counsel for the appellants and Sri. Rahul Sahai, learned counsel for the Insurance Company respondent no.3. No one is present for respondent nos.1 & 2.
2. This first appeal from order has been filed by the appellants claimants against the judgment and award dated 14.9.2018 passed by Motor Accident Claims Tribunal/District Judge, Fatehpur in M.A.C.P. No.327 of 2017 (Smt. Kusuma Devi and others v. Jitendra Kumar and others) awarding compensation of Rs. 5,79,283/- alongwith 6% annual simple interest to the claimants on account of death of Man Singh Yadav aged 59 years.
3. It is submitted by learned counsel for the appellants that very meagre amount of compensation has been awarded by the Claims Tribunal. It is further submitted that nothing has been awarded by the Claims Tribunal in terms of future prospects and only Rs. 20,000/- was awarded for non-pecuniary damages, whereas the claimants are entitled for 15% future prospects and Rs. 70,000/- for non pecuniary damages in view of law laid down by Hon'ble Apex Court in the case of National Insurance Company Ltd. v. Pranay Sethi reported in 2017(4) T.A.C. 673. Lastly, it is su
Compensation for death in motor accidents must include future prospects and non-pecuniary damages, with the multiplier adjusted based on the deceased's age.
The appropriate multiplier for compensation in motor accident claims should be based on the deceased's age, with additional allowances for future prospects and non-pecuniary damages.
The court established that compensation for death in a motor accident must consider proper income assessment, future prospects, and appropriate deductions based on dependents, leading to an enhanced ....
The court established that minimum wage serves as the basis for calculating compensation, future prospects must be included, and the appropriate multiplier reflects the deceased's age.
The appropriate multiplier for calculating compensation must consider the age of the deceased, and 10% future prospects should be included in the compensation amount.
Tribunal has correctly held the age of the deceased to be 43 years and therefore correctly applied the multiplier 14.
The court redefined the deceased's age for compensation calculation from 38 to 46 years and adjusted future earnings based on appropriate deductions, ultimately revising the compensation awarded by t....
Compensation calculations in motor accident claims must include allowances and future prospects, with appropriate multipliers based on the deceased's age.
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