Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
AJIT B.KADETHANKAR
National Insurance Co. Ltd. Jabalpur – Appellant
Versus
Rubinaanjum Samsuddin Ansari – Respondent
| Table of Content |
|---|
| 1. accident details and claimant information (Para 1 , 2 , 3) |
| 2. analysis of key legal questions (Para 4 , 7 , 9) |
| 3. arguments for appeal and cross-objection (Para 5 , 6) |
| 4. judicial reasoning and decision-making (Para 8 , 10 , 11) |
| 5. final judgment and award modification (Para 12) |
JUDGMENT :
AJIT B. KADETHANKAR, J.
1. Subject-Matter:
Feeling aggrieved by the judgment and award dated 06.05.2024, delivered by the learned Commissioner, Employees Compensation @ learned Civil Judge, Senior Division, Osmanabad in W.C.F.A. No.37 of 2019, the original respondent no.2/Insurance Company has preferred this First Appeal.
On the other hand, feeling dissatisfied with the quantum granted by the judgment and award (supra), the claimants have preferred Cross Objection in the First Appeal. Hence, both the matters are heard together and are being disposed of vide present judgment and order by consent of Ld.
Counsel for the parties For the sake of convenience and to avoid confusion in the nomenclature, the parties are referred to by their ‘factual status’.
2. Core issues:
The core issue in these cases are:
(i) Whether the Ld. Commissioner ought to have confined income of the deceased to the Fixed
The court established that actual monthly income must be prioritized over fixed government notifications for compensation purposes, emphasizing the need for reasonable and just assessments in workmen....
The court held that the Commissioner must adhere to the wage cap of Rs. 8,000/- as per the Central Government notification when calculating compensation under the Employees Compensation Act.
Compensation for vehicular accidents must be just and reasonable, focusing on equitable loss recovery, while applying correct legal principles without succumbing to strict technicalities.
Compensation in motor accident cases should be assessed based on actual income and future prospects, not solely on minimum wage standards.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
