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BIVAS PATTANAYAK
National Insurance Co. Ltd. – Appellant
Versus
Alok Kumar Sur – Respondent
JUDGMENT :
Bivas Pattanayak, J.
1. This appeal is preferred against the judgment and award dated 20th January, 2017 passed by learned Judge, Bench XI-cum-Judge, Motor Accident Claims Tribunal, City Civil Court, Calcutta in MAC Case No. 75 of 2008 granting compensation of Rs.11,44,937/- together with interest in favour of the claimant under Section 166 of the Motor Vehicles Act. 1988.
2. The brief fact of the case is that on 30.08.2007 at about 20:10 hours while the victim tried to board the bus bearing registration no. WB-23A/7293 at Acharya Jagadish Chandra Bose Road near Maidan Police Station for returning home at that time the said vehicle in order to overtake another bus of route no.230 started moving due to which the victim fell down from the said bus and sustained multiple fracture injuries on both legs. Immediately the victim was taken to SSKM Hospital wherefrom he was shifted to the Belle Vue Clinic where he was admitted till 19th September, 2007. As a result of the injuries sustained in the said accident, the victim became permanent partially disabled to move and work as before. In relation to the injuries sustained in the said accident and the subsequent disablement, the vic
The court ruled that disability assessment by an expert doctor should be accepted in the absence of contrary evidence. It also clarified that compensation cannot be enhanced without a cross-objection....
A claimant in a motor accident case is entitled to just compensation, which may exceed the claimed amount, ensuring the award reflects the injury's nature and financial impact.
The extent of compensation awarded in a motor accident claim depends on various factors, including the claimant's income, the extent of disability, medical expenses, future prospects, and non-pecunia....
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....
The court held that compensation for injuries must consider future earning capacity and permanent disability, and vehicle owners are not liable for drivers with seemingly valid licenses unless inform....
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