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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ANOOP KUMAR DHAND
Prahlad Kumar Chaudhary, S/o Shri Ramprasad Jat – Appellant
Versus
Dinesh Kumar Meena, S/o Shri Hanuman Sahay – Respondent
| Table of Content |
|---|
| 1. accident details and tribunal's award (Para 1 , 2 , 5) |
| 2. liability based on vehicle registration (Para 3 , 8) |
| 3. court's analysis on ownership and liability (Para 4 , 6 , 7 , 9) |
| 4. calculation of compensation based on daily wages (Para 10) |
| 5. enhanced compensation awarded (Para 11 , 12 , 13 , 14) |
ORDER :
ANOOP KUMAR DHAND, J.
1. By way of filing the instant appeal, a challenge has been led to the impugned award dated 06.12.2022 passed by the Motor Accident Claims Tribunal No. 2, Jaipur Metropolitan-I (for short, ‘the Tribunal’) by which the Claim Petition No. 504/2016 filed by the claimant-appellant (for short, ‘the claimant’) has been partly allowed and the respondent No. 3 i.e. Superintendent of Police, Udaipur has been exonerated from its liability.
2. Counsel appearing on behalf of the claimant submitted that on the date of incident, i.e. 24.03.2016, the claimant was riding on a motor bike bearing No. RJ-14-BW-0358 as a pillion, however, at around 4:30 P.M in the evening, the driver of the offending vehicle, i.e. respondent No. 1, while driving the jeep bearing No. RJ-27-U-0905, in a rash and negligent manner, caused the accident due to which the claimant sustained
The court established that a registered vehicle owner remains liable for accidents even if the vehicle is sold and not registered in another's name, emphasizing victim protection under the law.
A claimant in a motor accident case is entitled to just compensation, which may exceed the claimed amount, ensuring the award reflects the injury's nature and financial impact.
The appropriate multiplier for compensation in fatal accident claims should align with established guidelines, ensuring future income prospects are accounted for, enhancing total awarded compensation....
The court emphasized the re-computation of compensation for deceased minors must consider future earnings, while registered vehicle ownership entails liability despite transfer.
The principle that in motor accident claims, the burden of proof lies on the claimant to establish the case on the preponderance of probabilities, and the Tribunal is not strictly bound by the rules ....
The court reaffirmed the principle of compensation in motor vehicle accidents, emphasizing the assessment of future earnings and liability based on preponderance of probabilities.
The financial benefits of compassionate employment should not be deducted from the compensation amount payable by the tort feasor.
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