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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SYED QAMAR HASAN RIZVI
Sanju Singh – Appellant
Versus
New India Assurance Co. Ltd., Throu. Branch Manager – Respondent
| Table of Content |
|---|
| 1. consolidation of appeals and statement of facts regarding motor accident. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. parties' contentions on negligence, income calculation, and compassionate employment. (Para 10 , 11) |
| 3. sole negligence attributed to the driver of the offending vehicle. (Para 12 , 13 , 14) |
| 4. retrospective pay revisions apply to compensation calculations. (Para 15 , 16 , 17) |
| 5. compassionate appointment benefits are not deductible from compensation. (Para 18 , 19 , 20 , 21 , 22 , 23) |
| 6. standardized deductions applied; future prospects denied due to compassionate appointment. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33 , 34) |
| 7. application of fixed multipliers and conventional head damages criteria. (Para 35 , 36 , 37 , 38 , 39) |
| 8. final modification of award and apportionment of compensation. (Para 40 , 41 , 42 , 43 , 44) |
JUDGMENT :
SYED QAMAR HASAN RIZVI, J.
1. Sri Jitendra Narain Mishra, learned counsel for The New India Assurance Company Ltd and Sri Qazi Mohd. Ahmad, learned counsel appearing for the claimants in FAFO No. 871 of 2014 and in FAFO No. 1133 of 2012 and Sri Akash Deep Singh, learned counsel for the claimants in FAFO No. 24 of 20
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.
Appellate courts possess the authority to enhance compensation in motor accident claims to ensure just and fair awards, even in the absence of cross-appeals by claimants, by exercising powers to re-a....
Point of Law : Motor Vehicle - Accident - seeking enhancement of the award amount - Liability of insurance company - since the Insurance Appeal was mostly involving an attempt to reduce the compensat....
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....
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