Appeal against the award of Motor Accident Claims Tribunal enhancing compensation for death resulted from motor vehicle accident Had heard counsels and files No enhancement required Dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1290/2019
----Appellants
Versus
----Respondents
For Appellant(s) : Mr. Santosh Kumar Soni
HON'BLE MRS. JUSTICE SABINA
Judgment
05/04/2019
(2 of 2)
[CMA-1290/2019]
Appellants have filed this appeal, challenging the award dated 12.11.2018 passed by the Motor Accident Claims Tribunal, seeking enhancement of compensation amount.
I have heard learned counsel for the appellants and have gone through the record available on the file carefully.
Appellants had filed the claim petition seeking compensation on account of death of Ravi Kumar in the motor vehicle accident, which had occurred on 24.07.2017.
Appellants are the widow, minor children and parents of the deceased. Deceased was aged about 30 years, at the time of accident. Tribunal has taken the income of the deceased as Rs. 6,000/- per month. Tribunal has deducted 1/4th out of the income of the deceased towards his personal expenses. Tribunal has applied the multiplier of ‘17’ to work out the amount of compensation. Tribunal has also granted an addition of 40% towards loss of future prospects of the deceased. Tribunal has granted Rs. 40,000/towards loss of consortium and Rs. 15,000/- towards funeral expenses and towards Rs. 15,000/- towards loss of estate.
In the facts and circumstances of the present case, the amount of compensation granted by the Tribunal does not require any enhancement.
Dismissed.
Sudha/24
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal needs enhancement in the Facts 1.
Aarti W/o Late Shri Ravi Kumar and Others
Union Of India and Others
Sabina
As recorded by the court registry
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