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CHHATTISGARH HIGH COURT
P. Sam Koshy, J.
Rajinder Kaur and Others v. Gokul Nayak and Others
| Table of Content |
|---|
| 1. claimants appealing for enhanced compensation. (Para 1 , 2 , 3) |
| 2. arguments surrounding income and compensation valuation. (Para 4 , 5) |
| 3. court’s income assessment vs. tribunal’s valuation. (Para 6 , 7) |
| 4. calculating enhanced total compensation for claimants. (Para 8 , 9) |
| 5. final compensation awarded to claimants. (Para 10 , 11 , 12) |
1. The present is a claimants' appeal under S.173 of the Motor Vehicles Act, 1988, seeking enhancement of the compensation awarded by the 10th Additional Motor Accidents Claims Tribunal, Raipur, vide its award dated 21.7.2010 passed in Claim Case No. 66 of 2009.
2. Vide the impugned award dated 21.7.2010, the Tribunal, in a proceeding under S.166 of the Motor Vehicles Act, in a death case, has awarded a compensation of Rs. 2,67,000 to the appellants - claimants, with interest thereon at the rate of 6 per cent per annum from the date of filing of the claim application.
3. The undisputed facts of the case are that:
(i) The deceased Surendra Singh Chawla died in a vehicular accident occurred on 9.8.2007 by bus No. CG 04 - G 3399.
(ii) Respondent No. 1 was the driver, respondent No. 2 was the owner, respondent No. 3 was the controller / manag
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