The High Court, Jodhpur, enhanced compensation awarded in a motor accident claim case. Considering the parties' submission regarding the deceased's income, the Court awarded an additional amount in view of justice.
Enhanced compensation by an additional amount of Rs.40,000/- in addition to the amount already awarded.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 696/2017
All B/c Gehlot, Resident of House No. 96, Vyas Colony, Jodhpur, Rajasthan.
----Appellants
Versus
----Respondents
For Appellant(s) : Mr. Ramesh Panwar For Respondent(s) : Mr. Aditya Singhi
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
15/11/2019
The present appeal has been filed against the impugned judgment and award dated 17.10.2016 passed by the Motor Accident Claims Tribunal (First), Jodhpur in Claim Case No.417/2011 (1084/14) whereby an amount of Rs.3,21,500/- has
(2 of 2)
[CMA-696/2017]
been awarded in favour of the claimants-appellants as compensation along with interest @ 8.5% per annum.
With the consent of the parties, the matter is heard finally.
Counsel for the parties fairly submit that the compensation as awarded by the Tribunal requires enhancement on the ground that the income of the deceased assessed by the Tribunal is on the lower side and therefore computing the award after taking into consideration the income of the deceased as Rs.40,000/- per annum will be just and proper, thus, the amount is required to be enhanced accordingly.
Considering all aspects and the submissions made by the counsel for the parties, this Court feels that an amount of Rs.40,000/- in lump sum if enhanced will meet the ends of justice and will be considered as just and appropriate compensation in the present case.
The present appeal is therefore allowed and an amount of Rs.40,000/- is awarded in addition to the amount already awarded by the Tribunal vide award dated 17.10.2016.
(VINIT KUMAR MATHUR),J
54-praveen/-
1 issue framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal required enhancement based on a higher assessment of the deceased's income?
Smt. Geeta W/o Late Shri Jugal Kishore Gehlot
United India Insurance Company Limited
Vinit Kumar Mathur
As recorded by the court registry
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