Back
ROOPESH CHANDRA VARSHNEY
MANJU CHOUHAN – Appellant
Versus
BALWANT SINGH YADAV – Respondent
ORDER :
(Roopesh Chandra Varshney, J.) :
Being aggrieved by quantum part of impugned award dated 29-7-2021 passed by learned Member, Second Motor Accident Claims Tribunal, Gwalior in Claims Case No. 6400241/2015, appellants/claimants are before this Court. By the impugned award, the claimants (wife, children and mother) have been awarded a compensation of Rs. 16,60,750/- along with interest at the rate of 6% per annum from the date of claim petition.
2. Briefly stated facts of the case are that on 31-8-2008 when deceased Dharmendra Singh Chauhan was going on his motorcycle from Banmore to Gwalior, it is alleged that as soon as he reached near Purani Chhawani Chauraha, due to rash and negligent driving of Mini Bus Driver/respondent No. 1, bus dashed the motorcycle due to which deceased suffered grievous hurts and died on spot. Due to death of deceased in motor accident, the appellants preferred a claim petition seeking compensation to the tune of Rs. 30,00,000/- along with interest.
3. The respondents No. 1 and 2 filed written statement stating that the bus was insured with respondent No. 3 and therefore, liability for payment of compensation amount is over the Insurance Company.
4. Res
Income tax returns must be used to assess income for compensation claims, and appropriate multipliers should be applied for loss of dependency.
Court recalculated compensation based on estimated earnings of deceased, allowing appeal for enhanced damages.
The insurance company is liable to pay compensation in motor accident claims, even if it can recover the amount from the vehicle's owner and driver.
The court recalibrated compensation for a road accident victim's heirs based on reasonable income estimation, deviating from the original Tribunal assessment.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
