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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PREM NARAYAN SINGH
Farjana Bee – Appellant
Versus
Mahesh – Respondent
JUDGMENT :
PREM NARAYAN SINGH, J.
1. The appellant-claimant has filed This appeal under Section 173 (1) of the Motor Vehicles Act, 1988 has been filed by the appellant being aggrieved by award dated 03.08.2023 passed in MACC No.17/2022 by Second Member of Motor Accident Claims Tribunal, District Ratlam, whereby a total compensation amount of Rs.9,54,500/- has been awarded in favour of the claimant.
2. The present appeal is filed seeking enhancement in compensation amount up to Rs.66,50,000/-.
3. In short, the facts of the case are that on 21.08.2021 at about 5.30 to 5.40 pm, the deceased Salim was going on his motor cycle bearing registration No.MP 43 EJ 1215 slowly on safe side and when he was going towards Jaora from Hatpipaliya at that time the respondent no.1, was driving the offending vehicle No. MP-13-JB-1735 rashly and negligently, dashed down Salim Khan's vehicle due to which he suffered serious injuries on his head and various parts of body and expired during treatment.
4. The Tribunal while awarding the amount of compensation for the death of deceased, has considered the entire evidence placed on record and after recording evidence Tribunal awarded a total compensation of Rs
The court emphasizes maintaining the deceased's standard of living in compensation calculations, enhancing the award based on future prospects under the Motor Vehicles Act.
Compensation in motor vehicle accident claims must consider future prospects of income and reflect the number of dependents, enhancing the initial award for justice.
The assessment of notional income, future prospects, and various heads of compensation under the Motor Vehicles Act influenced the court's decision to modify the judgment of the Claims Tribunal.
The main legal point established is the determination of compensation amount under the Motor Vehicles Act by considering various judgments.
Compensation assessments in fatal accident claims must account for actual dependency, future prospects, and appropriate multipliers, following statutory guidelines and relevant precedents.
The main legal point established in the judgment is the correct assessment of income and the application of legal provisions and previous judgments to support the decision to enhance the compensation....
The court applied the principles of law laid down by the Hon'ble Supreme Court to enhance the compensation awarded by the Tribunal.
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