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RAJNISH KUMAR
Uttar Pradesh State Road Transport – Appellant
Versus
Bhawani Prasad Manjhi – Respondent
JUDGMENT :
Rajnish Kumar, J.
1. Heard, Shri Ambika Prasad, learned counsel for the appellant and Shri Yashovardhan Swarup Assisted by Ms. Bhavya Upadhyay, learned counsel for the respondent.
2. This first appeal from order under Section 173 of the Motor Vehicles Act, 1988 (here-in-after referred as the Act of 1988) has been filed for setting aside the judgment and award dated 29.10.2015 passed in Motor Accident Claim Petition No. 150 of 2012; Bhawani Prasad Manjhi and another v. U.P. State Road Transport Corporation, by means of which the claim petition has been partly allowed and an amount of Rs. 35,42,823/- has been awarded alongwith simple interest at the rate of 7% from the date of filing of the claim petition.
3. The claim petition was filed alleging therein that the daughter of the claimant-respondent Dr. Tandra Manjhi was traveling on 18.5.2011 by Bus No. U.P.-30A-8092 of Hardoi Depot of the appellant U.P.S.R.T.C. She was a bona fide passenger of the bus from Anand Vihar Bus Terminal, Delhi to Lucknow. The bus was being driven by its driver Valeel Ahamad at a high speed and in negligent manner. When it reached about 8 km. ahead of Sandila on Kachauna-Sandila road within P.S. Kac
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....
The court upheld the Tribunal's finding of negligence against the truck driver and affirmed the compensation amount, emphasizing the necessity of just compensation for dependents.
The main legal point established in the judgment is that provident fund contribution should not be deducted from the deceased's salary while computing compensation, and 50% of the actual income shoul....
Insurance companies are liable to pay interest on compensation amounts, including future prospects, to ensure claimants are not unjustly deprived of timely financial relief.
Important Point : The court established that negligence in motor accidents is determined by the evidence of speed and road positioning, and clarified the treatment of future income prospects in compe....
Compensation in motor accident cases must include all income components, excluding only income tax and professional tax, and future prospects should be factored into the multiplicand for just compens....
Compensation for motor vehicle accidents must reflect just and equitable principles, recognizing future earnings potential, with interest rates aligned to judicial precedents.
The court reaffirmed that claimants are entitled to just compensation under the Motor Vehicles Act, emphasizing fairness and reasonableness in determining compensation.
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