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SUBHENDU SAMANTA
In the Matter of: Naren Dev Bagh @ Naren Bagh – Appellant
Versus
National Insurance Co. Ltd. – Respondent
JUDGMENT
1. The instant appeal has been preferred against the Judgment and Award dated 30st of May, of 2014 passed by the Learned Judge, Motor Accident Claims Tribunal 12th Court Alipur , South 24 Parganas in MAC Case No. 109 of 2010.
2. The brief fact of the case is that the present appellants being the claimants have preferred an application u/s- 163A of MV Act before the Learned Tribunal for getting compensation on the ground that he sustained severe bodily injury in a Motor Vehicle accident due to rash and negligent driving of the driver of the offending vehicle.
3. The Insurance Company contested the matter by filing written statement. After hearing the parties and after receiving the evidence the Learned Tribunal has awarded a sum of Rs. 65,000/- in favour of the claimant and directed the Insurance Company to pay the compensation.
4. Being heard and dissatisfied with the said award the present appeal has been preferred by the claimant. It is the case of the appellant that the Learned Tribunal has not considered the entire claim case and came to an erroneous finding.
5. It has
The central legal point established in the judgment is the requirement to follow the structure formula laid down in the MV Act for assessing compensation under section 163A, even in the absence of su....
The main legal point established in the judgment is the interpretation and application of section 163-a of the Motor Vehicles Act in determining compensation for motor accident claims.
The main legal point established in the judgment is the application of Sections 166 and 163A of the Motor Vehicles Act, 1988 in determining the compensation for a fatal accident, and the adjustment o....
Motor Accident claim - Negligence of victim - Parliament intended to insert a non obstante clause of wide nature which would mean that the provisions of Section 163A would apply despite the contrary ....
Compensation in motor vehicle accident cases must be substantiated by evidence, and established guidelines should be followed for calculating loss of income and damages.
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