Back
SUNIL DUTTA MISHRA
Divisional Manager New India Assurance Company Ltd. – Appellant
Versus
Nilam Kumari, W/o Late Vijay Kumar Jaiswal – Respondent
JUDGMENT :
Re: I.A. No.01 of 2019 (Limitation Petition)
1. This interlocutory application No.01 of 2019 has been filed for condonation of delay of 97 days in filing this miscellaneous appeal by the appellant.
2. This application is supported with the affidavit.
3. Learned counsel for the respondent has no objection to this application.
4. Having heard learned counsel for the parties and considering the averments made in the application and in the interest of justice, the I.A. No.01 of 2019 is allowed.
5. The delay in filing the instant Miscellaneous Appeal is condoned.
Re:-Miscellaneous Appeal No.904 of 2018
6. Heard the learned counsel for the appellant as well as the learned counsel for the respondents.
7. This Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “Act”) on behalf of New India Assurance Company Ltd., (hereinafter referred to as “Insurance Company”) against the Judgment dated 23.01.2018 and Award dated 31.01.2018 passed by learned Additional District & Sessions Judge VIII-cum-Motor Accident Claims Tribunal, Muzaffarpur (hereinafter referred to as “learned Tribunal”) in Claim Case No.161 of 2013.
8. The learned Trib
The court established that compensation for motor accident victims must be just and equitable, considering loss of dependency and conventional heads, while adhering to established legal principles.
Appellate courts can enhance compensation in motor accident claims even without a cross-appeal, where just compensation principles apply, considering established evidence of income and deductions.
The main legal point established in the judgment is the application of legal provisions under the Motor Vehicles Act, particularly Sections 165, 166, 149, 2(21), and 2(47), in determining the compens....
Compensation under the Motor Vehicles Act is statutory and distinct from contractual benefits, ensuring claimants receive just compensation for loss due to negligence.
The main legal point established in the judgment is the application of the principle of 'pay and recovery' in directing the Insurance Company to pay the compensation amount to the claimants first and....
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
