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HIMANSHU JOSHI
Ratan Raikwar – Appellant
Versus
Laxman Singh – Respondent
ORDER
1. This present appeal under section 173 of the Motor Vehicles Act, 1988, has been filed by the appellants/claimants being aggrieved with award dated 8.2.2024 passed by the Motor Accident Claims Tribunal, Chhatarpur, in Claim Case No.51/2023, partly allowing the claim case and granting compensation to the tune of Rs.9,84,200/- along with interest @ 6% per annum.
2. Factual matrix of the case is that on 25.9.2022, the deceased- Manish was going from Chhatarpur to village- Kannpura in a commander jeep along with his friends and when the driver of jeep stopped it, a container bearing registration No.MP-04-GB-6240 driven by respondent No.1 dashed the jeep rashly and negligently resulting into fatal injuries to the deceased and ultimately his death. A claim petition was filed claiming compensation of Rs.86,00,000/-, but the learned Tribunal has awarded the compensation to the tune of Rs.9,84,200/-.
3. The learned Tribunal has found that the accident was caused due to rash and negligent driving of respondent No.1 and the offending vehicle was insured with respondent No.3/Insurance Company on the fateful day. After examining the evidence adduced by the parties, the learned Tribunal ha
The court modified the compensation assessment by considering future income prospects and family dependency as outlined under the Motor Vehicles Act.
The main legal point established in the judgment is the re-computation and enhancement of compensation under the Motor Vehicles Act, 1988, based on the deceased's potential income, future prospects, ....
The court recalculated compensation based on the deceased's potential earnings as a Mason, enhancing the total compensation awarded to Rs.11,82,312/- with interest.
The court clarified the calculation of compensation in motor vehicle accident claims, emphasizing the need for adequate compensation for loss of love and affection.
The court clarified the calculation of compensation in motor vehicle claims, emphasizing deductions based on dependents and appropriate consortium amounts.
The court established that compensation calculations must accurately reflect the deceased's income and the claimants' losses, adhering to statutory guidelines.
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