Appeal against high compensation award in motor accident. Court held award correct per Supreme Court precedent regarding income assessment without documentary proof. Appeals dismissed.
Appeals dismissed; no interference with compensation award of Rs. 12,78,547/- granted to claimants.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 665/2018
----Appellants
Versus
----Respondents
Connected With
S.B. Civil Misc. Appeal No. 666/2018
----Appellants
Versus
(2 of 3)
[CMA-665/2018]
21-RG-1868)
----Respondents
For Appellant(s) : Mr. N.S. Khileri For Respondent(s) : ----
HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA
Order
07/08/2019
Learned counsel submits that the income from agriculture, which was specifically pointed out, has not been counted and in both the cases, the income has been assessed treating them as unskilled labour.
Learned counsel further submits that the appellants in Appeal No.665/2018 was earning Rs.20,000/- per month, which has been shown as only Rs.5642/- per month.
(3 of 3)
[CMA-665/2018]
Vs. Pranay Sethi reported in AIR 2017 SC 5157 , the amount has been calculated and a sum of Rs.12,08,547/- has been awarded to the legal representatives of deceased Gopal Ram cannot be said to be erroneous.
(SANJEEV PRAKASH SHARMA),J
84-85/Zeeshan/-
2 issues framed by the court
Whether the amount awarded for the claim of the deceased required enhancement given the income assessment.
Whether the lack of documentary proof regarding agricultural income justified the calculation of compensation.
Colour shows how this judgement treated each authority
National Insurance Company Limited Vs. Pranay SethiApplied¶40
National Insurance Company Limited Vs. Pranay Sethi reported in AIR 2017 SC 5157 · Who else cites this
1 provisions across 1 enactments
Smt. Nareshya Devi @ Naresha W/o Late Gopalram @ Gomaram
Parveen S/o Late Gopalram @ Gomaram
Ajay S/o Late Gopalram @ Gomaram
Smt. Mangli @ Mangi Devi W/o Shri Nathuram
Nathuram W/o Late Hajaria Ram
Girdhari Lal S/o Sanwata Ram
Sanjeev Prakash Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
