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DUPPALA VENKATA RAMANA
Hemlata Johar (Smt. ) – Appellant
Versus
Salman Khan – Respondent
JUDGMENT
1. In the instant appeal is preferred by the appellants/petitioners (herein referred to as the petitioners) under section 173 of the Motor Vehicles Act (for the “Act”) against the award dated 1.3.2017 passed by 14th Motor Accident Claims Tribunal, Indore in Claim Case No.1700649/2015 with a prayer to enhance the awarded amount of compensation.
2. For the sake of convenience, the parties are referred to as they are arrayed before the Tribunal.
3. Heard Ms. Shraddha Dixit, learned counsel for the appellants/claimants and Shri Mayank Upadhayay, learned counsel for the nd respondent/New India Insurance Company Limited. Notice of 1st respondent served no one entered appearance.
4. The accident is not in dispute. The Mahindra Max Vehicle (Jeep) bearing No.M.P.-05-DA-0324 (hereinafter referred to as “the offending vehicle”) being insured with the 2nd respondent and there being no breach of policy conditions, is a finding in Para No.5 (Column No.6) in the Table of the Award, which had attained finality. The 2nd respondent/New India Insurance Company Limited has not challenged its liability. The appellants having not satisfied with the quantum of compensation granted by the Tribuna
Court emphasized 'just compensation' principles, adjusting compensation for loss of dependency and conventional heads, thereby enhancing the award significantly to reflect adequate and fair remunerat....
The main legal point established in the judgment is the re-assessment of notional income and enhancement of compensation under various heads to ensure just and reasonable compensation for the claiman....
The main legal point established in the judgment is the application of legal principles from relevant judgments to determine just and reasonable compensation in motor vehicle accident cases.
The court established that contributory negligence must be proven, and compensation should be just and adequate, reflecting the actual loss suffered by the claimants.
Compensation for fatal accidents must reflect a just and reasonable assessment of loss, including considerations for future income prospects and dependants' needs.
The main legal point established in the judgment is the assessment of compensation under the Motor Vehicles Act, based on the principles of loss of dependency, loss of consortium, loss of estate, fun....
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