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IN THE HIGH COURT OF JUDICATURE AT PATNA
SUNIL DUTTA MISHRA
ICICI Lombard General Insurance Company Limited Off. – Appellant
Versus
Asha Devi wife of Late Subodh Mahto – Respondent
| Table of Content |
|---|
| 1. details of compensation claim. (Para 2 , 6 , 7 , 8) |
| 2. arguments against liability and policy terms. (Para 9 , 10) |
| 3. court's findings on accident and liability. (Para 14 , 18 , 19) |
| 4. assessment of compensation and legal standards. (Para 20 , 22 , 23) |
| 5. final judgment on compensation awarded. (Para 28 , 30) |
JUDGMENT
1. Heard the learned counsel for the appellant as well as the learned counsel for the respondents.
2. This Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as “Act”) on behalf of the appellant/ICICI Lombard General Insurance Company Limited against the compensation amount awarded to the respondent nos.1 to 5/claimants by the learned Court of District Judge-cum-Motor Vehicle Accident Claim Tribunal, Madhepura (hereinafter referred to as “Tribunal”) vide Judgment and Award dated 16.06.2021 passed in M.V. Claim Case No.13 of 2016.
3. The learned Tribunal allowed the claim application and held that claimants are entitled to receive Rs.16,93,160/- as compensation and accordingly the ICICI Lombard General Insurance Company Limited (hereinafter referred to as “Insurance Company”) has been directed to ma
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 court confirmed that in compensation claims for unskilled labor, minimum wages should be utilized for calculating income when proof is absent, emphasizing methodical assessment of claimants' depe....
LMV licence suffices for transport vehicle under 7500kg GVW sans endorsement; self-employed carpenter notional income Rs.800/day on oral evidence; 1/4th personal expenses deduction (4 dependents); 10....
The main legal point established in the judgment is the reliance on oral testimony to determine the deceased's income and the application of established legal principles to modify the compensation am....
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