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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Sandeep Jain
New India Assurance Company Limited – Appellant
Versus
Sangeeta Devi – Respondent
| Table of Content |
|---|
| 1. accident details and compensation awarded. (Para 1 , 2) |
| 2. income considerations and appeal arguments. (Para 3 , 4 , 5) |
| 3. court's reasoning on compensation assessments. (Para 6 , 7 , 8 , 9) |
| 4. final decision and affirmation of the tribunal's ruling. (Para 10 , 11 , 12) |
JUDGMENT :
SANDEEP JAIN, J.
1. The instant appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the Insurance Company of the offending vehicle D.C.M. No.UP-78-GN-1291 against the impugned judgment and award dated 03.06.2025 passed by the Motor Accidents Claims Tribunal, Kanpur Dehat, in Motor Accident Claim Petition No. 273 of 2024 (Smt. Sangeeta Devi and others vs. The New India Assurance Company Ltd. and another), whereby, for the untimely death of Haribabu in an accident that took place on 08.01.2023, the Tribunal has awarded compensation of Rs.48,56,250/- along with interest at the rate of 7.5% per annum to the claimants, which has been ordered to be indemnified by the insurer of the offending vehicle.
2. Factual matrix is that on 08.01.2023, Haribabu was travelling in a loader No.UP-77-AT-3631 from Kanpur to his home, then between Bairi and Baagpur, near Village Sambharpur
Compensation for death in an accident must consider the deceased's lifestyle and financial obligations, justifying income assessment based on expenditures.
The assessment of notional income, future prospects, and various heads of compensation under the Motor Vehicles Act influenced the court's decision to modify the judgment of the Claims Tribunal.
The main legal point established in the judgment is the reliance on oral testimony to determine the deceased's income and the application of established legal principles to modify the compensation am....
The assessment of compensation under different heads in road traffic accident cases should consider notional income, future prospects, and relevant legal precedents.
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