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AJAY KUMAR GUPTA
Nilima Dutta (Mukherjee) – Appellant
Versus
United India Insurance Co. Ltd. – Respondent
JUDGMENT :
AJAY KUMAR GUPTA, J.
1. The appellants have filed this appeal being aggrieved and dissatisfied with the judgment and award dated 23rd November, 2021 passed by the MAC Tribunal, 3rd Court, Berhampore, Murshidabad in M.V. Case No. 115 of 2018 filed under Section 166 of the Motor Vehicles Act, 1988, thereby the Tribunal awarded compensation to the tune of Rs. 8, 52,800/-in favour of appellants/petitioners.
2. The fact leading to filing of the case is that on 20.01.2018 at about 5.25 a.m. the victim, namely, Taraknath Dutta was travelling from Amtala towards Beldanga by bus being Registration No. WB/57/9540. The said bus was suddenly lost control and capsized in Nayanjali due to rash and negligent driving by the driver. As a result, the victim sustained severe injuries on his person and succumbed to death. The Motor Accident Claims Tribunal awarded less compensation in favour of the Appellants/Claimants. Hence, this appeal preferred by them.
3. The appellants prayed for enhancement of quantum of compensation only on two grounds, i.e., the Tribunal has not allowed any compens
The court held that in cases of motor vehicle accidents resulting in death, the future prospects of the deceased and adequate compensation for general damages should be considered while determining t....
The court applied the principles established in National Insurance Company Limited vs. Pranay Sethi & Ors, (2017) 16 SCC 680, regarding compensation entitlement in motor accident cases.
The main legal point established in the judgment is the entitlement of the claimant to enhanced compensation under Section 166 of the Motor Vehicles Act, 1988, based on considerations of actual incom....
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.
The main legal point established in the judgment is the entitlement to future prospects, with the court holding that the claimants are entitled to 50% in addition towards future prospects as the dece....
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