Allowed

Smt. Rekha Devi W/O Late Shri Jagdish v. Manoj Singh S/O Shri Bhanwar Singh

Rajasthan HC29 Jan 2019CMA/378/2019

Case brief

AI extract

What is this about?

This bench allowed the appeal where the appellants challenged the compensation award for a motor accident resulting in death. The High Court examined the Tribunal's computation of future prospects under Section 166(2) of the Motor Vehicles Act, 1988.

What did the court decide?

The judgment and award of the Tribunal dated 16.08.2018 were held to be correct; the appeal for enhancement of compensation was dismissed.

Smt. Rekha Devi W/O Late Shri Jagdish Vs Manoj… — Maintenance and Alimony | Rajasthan HC (2019)

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HIG'H COURT OF JUDICATURE FOR RAJASTHAN

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BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 378/2019

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Smt. Rekha Devi W/o Late Shri Jagdish, Aged About 24 Years,

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Kumari Vanshika D/o Late Shri Jagdish, Aged About 5 Years,

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Kumari ikshaLJ/qkq&$shqJa ti.- 4 . ; . . . . .a&:..: % l?. d'sh 4% id:I Aged About 3 Years, &F&+- .&J :aa& q , -**

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Ku ma ri +pa rigrjd/. Shri adilf!f$~~ed 2 .r, About 2 Years, =yJ v ;-%

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~isha$$b!.rngh A% ;%: ~ S/o Shri Dhanna Singh, Aged About 52 .+:;* '.y,*&&,

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Yea &&%;I; s%. ., .p-* "' %&2

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'& " q&.

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mt. Meera Devi W/o Shri Dhanna Singh, Aged; About 49

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?%T y" Years,

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~daao n, Aadarsh Na ag 4 ar I . , ts No.2 to 4 being

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& !I, ardian and mother ardian and mother --AppelIants/claimants

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gh, B/c Rawat R/o

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Shalimar Col District Ajmer (Raj)

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B/c Rawat R/o Old

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lony) P.s. Aadarsh

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Nagar Distrit Ajmer (Raj) (Vehicle Owner)

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United India Insurance Company Ltd. Through Divisional Manager, Local Divisional Office Opposite Sbbj Near Post Office Parbatpura Ajmer (Raj)

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: For Appellant(s) Mr. Akshat Choudhary For Kespondent(s)

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tiO"N-BLE MR. JUSTICE PRAKASH GUPTA

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Judsment / Order

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29/01/2019

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This appeal has been filed by the claimants for enhancement of compensation against the judgment and award dated 16.08.2018 passed by the Motor Accident Claims Tribunal No.1, Ajmer (for short 'the tribunalJ), whereby, the tribunal

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<, .. ,

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The tribunal erred in not assB%i~~$b

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.t;.: $& The ~laim-etit$,a yajs @ledrgdnder Section 166 of Motor ,*^"F, h "'". Vehicles Act 1988 by for compensation on account of death of S ehicle accident which occurred on 24.06.201 the appellants that the deceased was earning h, but in absence of any documentary evidence on record, the Tribunal rightly taken the income of the deceased as Rs.5,746/- per month on the basis of prevalent rate of minimum wages fixed by the State Government. As the deceased was aged about 23 years at the time of accident, therefore, in view of the judgment of the HonJble Apex Court in National Insurance Company Limited Vs, Pranay Sethi & Ors., reported in AIR 2017 SC 5157, an

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(3 of 3)

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[CMA-378/2019]

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addition of 40% is liable to be added towards future prospect of the deceased, which comes to Rs.2,298/-. Thus, the income of the deceased comes to Rs.8,044/(5,746+2,298). Keeping in view the number of dependents, the tribunal rightly deducted one fourth of the said income towards personal expenses of the deceased. As the deceased was aged about 23 years at the time of accident, therefore, multiplier of 18 was rightly applied by the

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the amount

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of compensation awar:

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. . rib.u.nal was Rs.13,73,130/~d therefore,

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does not require any e Consequently, th

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Mohit22

Smt. Rekha Devi W/O Late Shri Jagdish v. Manoj Singh S/O Shri Bhanwar Singh

Case brief

What is this about?

What did the court decide?

Smt. Rekha Devi W/O Late Shri Jagdish v. Manoj Singh S/O Shri Bhanwar Singh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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