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HIRDESH
Oriental Insurance Co. Ltd. – Appellant
Versus
Dalibai W/O Vishnuprasad – Respondent
ORDER :
Hirdesh, J.
This appeal has been filed by the appellant – Insurance Company under Section 173(1) of Motor Vehicles Act, 1988, against the award dated 17.08.2021 passed by Vth Additional Member, MACT Ujjain in Claim Case No.19/2021for reduction of the amount of compensation.
2. The date of accident, negligence and the issue of liability are not in dispute and the findings recorded by the Tribunal in this regard are also not in question. As per the findings of the Tribunal, in case of death of Vishnu Prasad, the Tribunal has awarded a total compensation of Rs.32,01,400/- along with interest.
3. Learned counsel for the Insurance Company contended that the Tribunal has committed error in holding the income of the deceased as Rs.18,000/- per month without there being any cogent and positive evidence. He further submitted that the Tribunal has committed error in adding 30% as future prospects contrary to the judgment of the Apex Court in the case of National Insurance Co.Ltd. Vs.Pranay Sethiand others (2017) 16 SCC 680 which ought to have been 25%. The assessment is highly excessive and cannot be considered as just and proper and prays for reduction of the amount of compensation.
4. O
Legal representatives of a deceased are entitled to claim compensation regardless of dependency status, and proper deductions for personal expenses must be applied based on the number of dependants.
Accident claim - Claimant living in their respective matrimonial home - Not dependent and not entitled for compensation.
Legal representatives, including married daughters and major sons, are entitled to claim compensation under the M.V. Act, emphasizing a broad interpretation of dependency and representation.
The central legal point established in the judgment is the proper assessment of compensation under the Motor Vehicles Act, taking into account the deceased's income, future prospects, and loss of con....
Legal representatives, even if not dependents, are entitled to compensation on account of loss of estate under S.166 of the Motor Vehicles Act.
The main legal point established in the judgment is the need to consider future prospects and deductions for personal expenses while calculating compensation, as per the legal principles established ....
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