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BIVAS PATTANAYAK
Nurjahan Khatoon – Appellant
Versus
Cholamandalam MS General Insurance Company Limited – Respondent
JUDGMENT :
Bivas Pattanayak, J.
1.The present appeal is directed against the judgment and award dated 11 February 2021 passed by learned Additional District Judge, Fast Track, 1st Court cum Judge, Motor Accident Claims Tribunal, Islampur, Uttar Dinajpur in M.A.C Case no. 69 of 2019 under Section 166 of Motor Vehicles Act, 1988 granting compensation in favour of the claimants to the tune of Rs.5,95,000/-alongwith interest.
2. The factual matrix of the case is that on 20 March 2019 at about 6 AM the deceased-victim was travelling in the offending vehicle bearing no.AS-01-GC/8844 (truck) as a Khalasi which was proceeding towards Islampur from Chakulia and when the offending vehicle(truck) reached near Bihar More, Goalpukur the driver who was driving the offending vehicle at a high speed and in negligent manner lost control over the vehicle and it capsized beside the road. As a result the deceased-victim (Khalasi) sustained grievous injuries and succumbed to death. On account of sudden demise of the deceased-victim in the said accident, the claimants being the wife and children of the
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.
In absence of documentary proof, minimum wage notifications serve as a basis for income assessment in compensation claims.
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 main legal point established in the judgment is the assessment of compensation under the Motor Vehicles Act, 1988, including the determination of the deceased's income and the grant of general da....
The main legal point established is the assessment of compensation under Section 166 of the Motor Vehicles Act, 1988, based on the victim's actual income, future prospect, and general damages.
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