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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
PREM NARAYAN SINGH
Madhu @ Matthu – Appellant
Versus
Raju – Respondent
ORDER :
1. This appeal by the claimant under section 173(1) of the Motor Vehicles Act is arising out of the award dated 4.9.2019, passed by Member MACT, Jhabua, in Claim Case No.13/2019 seeking enhancement of compensation amount awarded by the Tribunal.
2. The brief facts of the case are that on 21.11.2018, about 09:00 pm, deceased was going on a bike with his friend with due care at normal speed on correct side of the road. The respondent No. 1 Driver of the offending vehicle Toofan Jeep bearing Registration No. MP 09 BD 5048 was driving the same rashly and negligently and hit the deceased bike because of which the deceased suffered serious injuries on various parts of the body due to which he died.
3. As per the findings of the Tribunal, for the death of deceased, the Tribunal has awarded a total compensation of Rs.5,65,000/-. The detail of the compensation amount is as under:
4. Learned counsel for the appellant submits that the Tribunal has committed an error in not awarding just and proper amount of compensation in the case as the amount awarded by the Tribunal is on the lower side hence, liable to be appropriately modified. The Learned Tribunal should has allowed the interest @ 1
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 court emphasizes maintaining the deceased's standard of living in compensation calculations, enhancing the award based on future prospects under the Motor Vehicles Act.
Determination of compensation for wrongful death must utilize notional income when actual income is unproven and it should reflect the loss suffered by claimants, including appropriate filial consort....
The main legal point established in the judgment is the court's authority to award just compensation exceeding the claimed amount under the Motor Vehicles Act, 1988, and the need for a realistic appr....
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....
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