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BIVAS PATTANAYAK
United India Insurance Company Limited – Appellant
Versus
Sima Ghosal – Respondent
JUDGMENT
Bivas Pattanayak, J. - The present appeal is preferred against the judgment and award dated 9 December 2020 passed by learned Judge, Motor Accident Claims Tribunal, Fast Track Court, Durgapur, Paschim Bardhaman in M.A.C Case no. 98 of 2018 granting compensation in favour of the claimants to the tune of Rs. 1,48,24,974/-alongwith interest under Section 166 of the Motor Vehicles Act, 1988.
2. The brief fact of the case is that on 11 March 2018 at about 14:00 hours while the victim was proceeding towards Mihijam from Jamtara by driving his own vehicle bearing registration no. WB-40AD/5782 (Tata Safari) through the Mihijam-Jamtara Main Road and when he reached near Gorainala More at that time the offending vehicle bearing registration no.JH-04H/8054 (bus) in a rash and negligent manner dashed the victim's vehicle from opposite direction, as a result of which the victim sustained severe bleeding injuries and died on the spot. On account of sudden demise of the victim, the claimants being the widow, son and parents of the deceased filed application for compensation of Rs.1,69,46,744/-along with interest under Section 166 of the Motor Vehicles Act, 1988.
3. The appellant-insurance
The central legal point established in the judgment is the assessment of the deceased-victim's income and the calculation of the compensation amount under the Motor Vehicles Act, 1988.
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....
The court emphasized that income tax returns are essential for determining compensation in motor accident claims, and the assessment must reflect just and fair compensation principles.
The main legal point established in the judgment is the reliance on documentary evidence, including the victim's income tax return, to determine the compensation amount in motor accident claims.
Age of deceased should be basis for applying multiplier.
The main legal point established in the judgment is the application and interpretation of Section 173 of the Motor Vehicles Act, 1988, for condonation of delay, as well as the assessment of compensat....
The main legal point established in the judgment is the significance of income tax return in determining the deceased's income and the application of statutory documents to award just compensation.
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