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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
Mugga Devi – Appellant
Versus
Makkhan Singh – Respondent
JUDGMENT :
SANDEEP JAIN, J.
1. The instant appeal has been preferred by the claimants for enhancement of compensation, under Section 173 of the Motor Vehicles Act, 1988 against the impugned judgment and award dated 12.07.2024 passed by the Motor Accident Claims Tribunal, Moradabad in Motor Accident Claim Petition No. 253 of 2018 ( Smt. Mugga Devi and others vs. Makkhan Singh and others ) whereby for the untimely death of Jaiprakash Singh in a road accident that occurred on 07.02.2018, a compensation of Rs.4,76,620/- along with interest @ 7% per annum has been awarded to the claimants(wife and sons), which has been ordered to be indemnified by the insurer of the offending vehicle No.UP-21-BK-5747.
2. Since there is no cross-appeal by owner, driver and insurer of the offending vehicle as such, the factum of accident and negligence of offending driver is not disputed by the respondents.
3. Sri Abhishek Tripathi holding brief of Mohd. Asim Zulfiquar, learned counsel for the claimants - appellants submitted that Jaiprakash Singh (deceased) was a pensioner, who was getting monthly pension of Rs.23,936/- per month and was about 73 years old at the time of the accident, which was duly proved b
Compensation for wrongful death under the Motor Vehicles Act must not deduct pension or insurance benefits; claimants are also entitled to future prospects enhancement regardless of the deceased's ag....
Compensation under the Motor Vehicles Act must consider gross income without arbitrary deductions and allow future prospects based on statutory guidelines, ensuring just compensation for victims' dep....
The court reinforced that all allowances must be included in calculating income for compensation, and compassionate appointments should not affect future earnings claims under the Motor Vehicles Act.
Interpretation of 'pecuniary advantage' and 'compassionate appointment' under the Motor Vehicles Act, and the application of multiplier and deduction guidelines for calculating compensation.
Compensation assessments in fatal accident claims must account for actual dependency, future prospects, and appropriate multipliers, following statutory guidelines and relevant precedents.
The court emphasized that just compensation must be fair and equitable, affirming that family pension should not be deducted from the compensation amount.
Just compensation must be fair and equitable, reflecting the loss suffered; it may exceed the claimed amount, considering future prospects and lawful deductions.
The court clarified the principles for determining compensation in motor accident cases, including the inclusion of dependents, calculation of future prospects, and awarding compensation under the co....
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