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SUBHENDU SAMANTA
National Insurance Company Ltd. – Appellant
Versus
Mousumi Maji – Respondent
JUDGMENT :
1. The instant appeal has been preferred against the judgment and award dated 13th July, 2023 passed by the learned Judge, Motor Accident Claims Tribunal, Fast Track 1st Court, Tamluk, Purba Medinipur, in MAC Case No.490 of 2021. The claimants/respondent nos.1 and 2 preferred an application before the learned Tribunal under Section 166 of the Motor Vehicles Act, 1988 for getting compensation as their predecessor died in a road traffic accident due to rash and negligent driving of the driver of offending vehicle duly insured under the policy of the Insurance Company.
2. The claim case was contested by the Insurance Company by filing written statement. Learned Tribunal after hearing the parties and after receiving evidences has awarded a sum of Rs.29,91,000/- in favour of the claimants and directed the Insurance Company to pay the compensation.
3. Being aggrieved by and dissatisfied with the said award, the Insurance Company has preferred the instant appeal. The claimants also preferred one cross appeal against the impugned award. Both the appeal and the cross appeal are taken up for uniformity of the judgment.
4. Mr. Deb Narayan Ray, learned advocate appearing on behalf of th
The future prospect for a deceased with a permanent job and aged between 40 and 50 years should be 30% of the established income, as per the interpretation from National Insurance Co. Ltd. vs. Pranay....
Proper evidence and documentation are crucial for assessing compensation under Section 166 of the M.V. Act.
Claimants are required to prove their case on the touchstone of preponderance of probabilities. In a case u/s 166 of MV Act, claimants are entitled to future prospects and general damages as per the ....
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 court emphasized that income tax returns are essential for determining compensation in motor accident claims, and the assessment must reflect just and fair compensation principles.
Accurate income assessment and consideration of future prospects are essential in determining compensation for motor accident claims.
Unchallenged oral evidence proves deceased's income despite no documents; 40% future prospects for self-employed under 40; conventional heads fixed at Rs.50,000/- consortium, Rs.20,000/- estate/funer....
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