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KESANG DOMA BHUTIA
National Insurance Co. Ltd. – Appellant
Versus
Sufiya Mondal – Respondent
JUDGMENT
Kesang Doma Bhutia, J. - This appeal is directed against the award passed by the learned Motor accident Claims Tribunal, City Civil Court, 12th Bench in M.J.C. Case No. 428 of 2009 on 28th March 2012.
The respondents being the legal heirs of the deceased victim Sabdar ali Mondal, who had lost his life in a road accident being hit by a lorry bearing Registration No.WB-25B/2581 and that took place on 02.01.2009 at about 22-30 hours in front of Chayghariya Gram Panchayat Office under Bangoan P.S. have filed the claim case under M.V.act.
after considering both oral and documentary evidence adduce by the parties, the learned Motor accident Claims Tribunal fixing the monthly income of deceased at Rs. 9000/- awarded compensation of Rs. 8,01,500/- along with interest at the rate of 6 % per annum from the date of filing of the application till payment.
Being aggrieved by such award the Insurance Company has come with the present appeal contending that learned Tribunal erred in law and facts in awarding excess compensation in favour of the claimants assessing the monthly income of the deceased at Rs. 9000/-when the claimants have failed to produce documents to prove the deceased had agr
In cases where the income of the deceased is not proved, the minimum wages should be taken as the income, and the family can prove the income of the deceased by indirect evidence.
The court clarified the method for calculating compensation, emphasizing the need to consider future prospects and proper deductions for personal expenses.
The court recalibrated compensation for a road accident victim's heirs based on reasonable income estimation, deviating from the original Tribunal assessment.
Proper assessment of compensation under Section 166 of the Motor Vehicles Act requires consideration of relevant evidence, application of Supreme Court observations on future prospects and general da....
Compensation for death in an accident must consider the deceased's lifestyle and financial obligations, justifying income assessment based on expenditures.
THE TRIBUNALS ARE EXPECTED TO MAKE AN AWARD BY DETERMINING THE AMOUNT OF COMPENSATION WHICH SHOULD APPEAR TO BE JUST AND PROPER, EVEN IF IT IS IN EXCESS OF THE AMOUNT CLAIMED.
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