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BIBHAS RANJAN DE
Sahim Banu @ Sahin Banu – Appellant
Versus
National Insurance Company Limited – Respondent
JUDGMENT
Bibhas Ranjan De, J. - This appeal is directed against the judgment and award passed by Ld. Motor Accident Claims Tribunal, Fast Track, 1st Court, Asansol in Motor Accident Claim Case No. 49 of 2006 whereby, Ld. Tribunal awarded compensation to the tune of Rs. 40,000/- to the claimant.
2. This claim case arose out of an application under Section 166 of the Motor Vehicles Act, 1988, on account of injury sustained by claimant, Md. Murshid, a boy of fifteen (15) years.
3. On 17.06.2006 at about 6.00 p.m. one Pick Up Van bearing no. WB-37A/9401 running with high speed and in rash and negligent manner dashed Md. Murshid near Damagoria while he was walking through National Highway-2. As a result, said boy sustained injury and lost his working ability forever being physically disabled to the extent of 45% according to Medical Board.
4. That is why, mother of injured Md. Murshid filed the claim petition with a prayer for compensation to the tune of Rs. 2,55,000/-.
5. Though, owner of the vehicle did not contest the case but National Insurance Company entered appearance and contested the case by filing a written statement denying all averments of the claim petition contending, inter ali
A disability certificate issued by a Medical Board without the assessment of a Neuro Surgeon, who would be the best specialist to assess the extent of disability, lacks credibility and cannot be reli....
The assessment of compensation must reflect the unique circumstances of child victims and consider all factors including pain, suffering, and future medical needs.
The main legal point established is the assessment of compensation for permanent disablement and medical treatment under the Motor Vehicles Act, based on medical evidence and relevant legal principle....
The court upheld the principle of 'just compensation' under the Motor Vehicles Act, emphasizing the need to account for the claimant's severe permanent disability and future needs in determining comp....
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
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