SUNITA JAIN Vs. SURENDRA SINGH YADAV
LAWS(RAJ)-2008-3-87
HIGH COURT OF RAJASTHAN
Decided on March 26,2008

SUNITA JAIN Appellant
VERSUS
Surendra Singh Yadav Respondents

JUDGEMENT

K.S. Rathore, J. - (1.) THE instant civil misc. appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the claimants/appellants for enhancement of the compensation awarded by the Motor Accident Claims Tribunal, Jaipur (for short the Tribunal') vide impugned Award dated 30.09.1996 passed in Claim Case No. 153/1993, whereby compensation to the tune of Rs. 5,83,400/ - has been awarded in favour of the claimants/appellants.
(2.) THE enhancement of the compensation has been claimed by the claimants/appellants on the ground that looking to the age of the deceased, the compensation awarded by the Tribunal is on very lower side which ought to have been enhanced. It is further submitted that future prospects have also not been properly considered by the Tribunal while passing the impugned Award. The main submission on behalf of the appellants is that admittedly the deceased was 35 years of age at the time of the accident and the Tribunal while granting compensation has not applied the correct multiplier.
(3.) IN support of his submission, learned Counsel for the claimants/appellants placed reliance on the judgment rendered by the Hon'ble Supreme Court in the case of Tamil Nadu State Transport Corporation Ltd. v. S. Rajapriya And Ors. reported in, 2005 (2) T.A.C. 305 (S.C.).;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.