, Court enhanced compensation awarded in motor accident death cases. Adjusted loss of dependency by including pension reduction and revising living expense deduction. Granted additional damages for consortium, love and affection, and funeral expenses. Total enhanced compensation fixed at Rs.11,97,361/.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Date of decision: 4th February, 2015
TAKDEER SINGH & ORS. ..... Respondents Through: Ms. Suman Bagga, Adv. with Mr. Pankaj Gupta, Adv. for R-3.
CORAM: HON'BLE MR. JUSTICE G.P.MITTAL
G. P. MITTAL, J. (ORAL)
material. It was also claimed that the deceased was a matriculate.
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was the real loss to the widow and the dependants. Therefore, the compensation towards loss of dependency ought to have been awarded for loss of pension of Rs.5433/- per month as well.
| Sl. No. |
Compensation under various heads | Awarded by this Court |
|---|---|---|
| 1. | Loss of Dependency | 9,62,361/- |
| 2. | Loss of Love and Affection | 1,00,000/- |
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| 3. | Loss of Consortium | 1,00,000/- | |
|---|---|---|---|
| 4. | Funeral Expenses | 25,000/- | |
| 5. | Loss to Estate | 10,000/- | |
| Total | Rs.11,97,361/- |
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(G.P. MITTAL) JUDGE
FEBRUARY 04, 2015 vk
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3 issues framed by the court
Whether compensation awarded by Motor Accident Claims Tribunal for death in motor vehicular accident should be enhanced considering loss of pension and dependent status.
Whether the deduction for personal living expenses was correctly calculated at 1/5th instead of 1/4th.
Whether loss of consortium and love and affection damages should be awarded separately.
Rosshni Devi & Ors.
Takdeer Singh & Ors.
G.P. Mital
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
