Ganesh Narayan v. Baldev and Anr.
Case brief
What is this about?
High Court allowed two appeals against compromise awards. Judgment court recalculated compensation under Motor Vehicles Act based on deceased claimants' actual age (18 years) from the alternative schedule (17 years). It held the lower awards were insufficient. Court ordered respondents to pay specific sums and release compromise amounts.
What did the court decide?
Remitted the compensation amounts to the appellants/claimants as calculated. Ordered respondents to pay the enhanced amounts of ₹47,822 and ₹23,911 and release the compromise funds.
What the court decided
[2024:RJ-JP:42122]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 1135/2017
Kalu Ram Sharma S/o Sh. Prabhati Lal Sharma, R/o Pujari Ki Thari, Village- Morija, Tehsil Chomu, Police Station- Samod, District Jaipur Raj.
----Appellant
Versus
- Baldev S/o Sh. Goma Ram Jat, R/o Gulabbari, Tehsil Shahpura, District Jaipur, At Present R/o Jugrajpura, Tehsil- Shrimadhopur, District Sikar Raj. Driver And Owner Of Vehicle
- Hdfc Argo General Insurance Company Ltd., Branch Office, Office No. 2, Iiird Floor, C-98, Sanghvi Upasana Tower, Subhash Marg, C-Scheme, Jaipur Raj. Through Its Manager Insurance Company Of Vehicle
----Respondents
Connected With
S.B. Civil Miscellaneous Appeal No. 1130/2017
Issues for consideration
3 issues framed by the court
Whether compensation under Motor Vehicles Act for death by negligence should be calculated based on actual age at accident or age if the father had completed 60 years.
Whether the appellate court erred in reducing the compensation awarded in the lower court when recalculations based on statutory life tables show a higher entitlement.
Whether the compromise and settlement amounts secured by respondents should be turned over to the legal heirs entitled to enhanced compensation.
Parties & counsel
- appellant
Kalu Ram Sharma
- respondent
Baldev
- respondent
Hdfc Argo General Insurance Company Ltd.
- appellant
Ganesh Narayan Sharma
Coram
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · October
- Registered
- Case no.
- CMA/1134/2017
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