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AMAR NATH (KESHARWANI)
Manager, Shriram General Insurance Co. Ltd. , Sitapur – Appellant
Versus
Ajay Soni, S/o. Late Ramswaroop Soni – Respondent
| Table of Content |
|---|
| 1. incident details leading to death. (Para 1 , 2) |
| 2. claims of negligence and dependency disputes. (Para 3 , 4 , 6 , 7) |
| 3. court's examination of evidential issues. (Para 5 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. legal principles guiding compensation calculation. (Para 15 , 17 , 18 , 19 , 20 , 21 , 22 , 24) |
| 5. court's conclusion and modification of compensation. (Para 25 , 26) |
ORDER :
Amar Nath (Kesharwani), J.
This is an appeal filed by the appellant/Insurance Company under section 173 (1) of the MOTOR VEHICLES ACT being aggrieved with the award dated 6-2-2020 passed by II Additional Motor Accident Claims Tribunal, Naugaon, District Chhatarpur in MACC No. 100044/2013, whereby the learned Claims Tribunal awarded a total sum of Rs.28,64,998/- (Twenty eight lakhs sixty four thousand nine hundred ninety eighty) with interest @ 7% per annum from the date of filing of petition till payment to the respondent Nos. 1 to 3/claimants by way of compensation on account of death of Ramswaroop Soni in a motor accident which allegedly took place on 24-3-2013.
2. Brief facts of the case are that on the date of incident i.e. 24-3-2013 at about 4:30 P.M. respondent No. 4, who was driving pic
In motor accident claims, the standard of proof is based on preponderance of probabilities, allowing claimants to seek compensation irrespective of dependency status if they qualify as legal represen....
Legal representatives, even if not dependents, are entitled to compensation on account of loss of estate under S.166 of the Motor Vehicles Act.
Rash and negligent driving is sine qua non for maintaining claim petition seeking compensation in terms of provisions of Section 166 of Motor Vehicles Act held that plea of negligence set up by claim....
Compensation for loss of dependency in motor accident claims must accurately reflect legal precedents regarding deductions and include adequate compensation for consortium over love and affection.
The main legal point established in the judgment is that even major and earning legal representatives of the deceased are entitled to claim compensation under the head of loss of dependency, as inter....
Compensation under the Motor Vehicles Act is statutory and distinct from contractual benefits, ensuring claimants receive just compensation for loss due to negligence.
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