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AJAY KUMAR GUPTA
Pradip Mallick – Appellant
Versus
United India Insurance Company Limited – Respondent
JUDGMENT :
Ajay Kumar Gupta, J:
1. This instant First Miscellaneous Appeal has been filed by the appellant/claimant challenging the judgment and award dated 22nd December, 2014 passed by Learned Additional District and Sessions Judge, 3rd Court, Tamluk –cum-Motor Accident Claims Tribunal, Tamluk thereby the learned Tribunal allowed the MACC No. 46 of 2013 filed under Section 166 of the Motor Vehicles Act, 1988 on contest against OP 2/United India Insurance Company Ltd. and ex parte against OP 1/owner of offending vehicle without any cost on account of injury suffered by the appellant/claimant and awarded a compensation to the tune of Rs. 10,01,884/-along with interest @ 6% per annum from the date of filing of the claim application i.e. 30.11.2012 till final realization.
2. The brief facts of this case are as under:
2a. On 06.09.2012 at about 4 PM, while the victim was standing on the extreme left side of Kakgachiya on NH 41 road and talking with his friends at that point of time, the vehicle bearing No. WB 20U/7176 (Xylo) which was going towards Mechada side from Haldia with extreme high speed endangering to human life and safety all on a sudden dashed the victim and his friends with g
The court established that future prospects and non-pecuniary damages must be considered in compensation calculations for permanent disability under the Motor Vehicles Act.
The court established that the assessment of compensation must reflect the claimant's actual earning capacity and the impact of permanent disability on future earnings, applying the correct multiplie....
The main legal point established in the judgment is the determination of 'just compensation' for personal injuries under Section 168 of the Motor Vehicles Act, 1988, considering pecuniary and non-pec....
Permanent functional disability significantly impacts compensation for loss of income, and Courts must prioritize accurate income assessment over mere percentage disability.
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
In assessing compensation for personal injury under the Motor Vehicles Act, the Tribunal must consider the specific circumstances of the claimant, including age, disability, loss of amenities, and fu....
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