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SANJAY KAROL, MANMOHAN
Vijayalaxmi @ Roopa V. Shenoy – Appellant
Versus
National Insurance Co. Ltd. – Respondent
ORDER :
| Time taken for disposal of the claim petition by MACT | Time taken for disposal of the appeal by the High Court | Time taken for disposal of the appeal in this Court |
| 3 years | 5 years | 9 months |
Leave granted.
2. This appeal is directed against the judgment and order dated 5th October 2020 in MFA No.8847 of 2015 passed by the High Court of Karnataka, Bengaluru, which in turn was preferred against the judgment and order dated 14th August, 2015 passed in MVC No.1858/2012 by the Motor Accidents Claims Tribunal and IInd Addl. Sr. Civil Judge, Mangalore, D.K.
3. The brief facts giving rise to this appeal are that on 30th September, 2012, the deceased, namely, Vivekananda Shenoy, aged 47 years, was travelling on his motorcycle bearing No.KA-19-EB-4061 from Kavoor towards his house. At Kottara Cross, the offending bus, bearing registration number KA-19-C-7266, collided with the deceased in a rash and negligent manner. Thereafter, he was taken to A.J. Hospital at Mangalore, where he succumbed to the injuries on 3rd October, 2012.
4. A claim petition was filed by the Appellant (wife of the deceased) before the Tribunal seeking compensation to the tune of Rs.1,
Income Tax Returns are essential statutory documents for determining compensation in motor accident claims, overriding previous assessments.
The court established that compensation for loss of dependency must consider the deceased's potential income and appropriate deductions based on the number of dependents, affirming a broader interpre....
The court emphasized the importance of considering Income Tax Returns and the deceased's actual income in determining the compensation amount in motor accident claims.
The court established that oral evidence is crucial for determining income in compensation claims, emphasizing the need for accurate assessment of disability.
Accurate income assessment based on reliable documentation, such as Income Tax Returns, is crucial in determining compensation in motor accident claims.
Assessment of compensation under the Motor Vehicles Act involves determining the notional income of the deceased and applying the appropriate multiplier based on the age group, as per the guidelines ....
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