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BIVAS PATTANAYAK
Bajaj Allianz General Insurance Company Limited – Appellant
Versus
Mousumi Das (Chatterjee) – Respondent
JUDGMENT :
Bivas Pattanayak, J.
1. This appeal is preferred against the judgment and award dated 27th June, 2018 passed by learned District Judge-cum-Judge, Motor Accident Claims Tribunal, Jalpaiguri in MAC Case No. 15 of 2014 granting compensation of Rs. 58,74,106/- in favour of the claimants under Section 166 of the Motor Vehicles Act, 1988.
2. The brief fact of the case is that on 28th September, 2013 at about 8:45 A.M. while the victim along with his friend Dhruba Narayan Mitra Das was proceeding towards Maynaguri side on a scooter bearing registration no. WB-72A/5325 for their official purpose, at that time the offending vehicle bearing registration no. WB-73B/2296 (truck) in a rash and negligent manner dashed the said scooter from behind. As a result of which, the victim and his friend sustained injuries. The friend of the victim was shifted to Sadar Hospital. The victim was directly taken to Dr. Chang’s Super Specialty Hospital Pvt. Ltd., Siliguri where he was hospitalised from 28th September, 2013 to 24th October, 2013. Since the condition of the victim deteriorated day by day, he was shifted to Neotia Health Care Nursing Home, Siliguri on 24th October, 2013 where he was hospi
The main legal point established in the judgment is the determination of compensation under Section 166 of the Motor Vehicles Act, 1988, including the involvement of the offending vehicle, victim's i....
The court clarified the liability of insurers in accident claims under the MV Act, especially regarding compensation calculations and the assessment of evidence.
Delay in lodging an FIR cannot solely negate compensation claims if credible evidence substantiates the claim, emphasizing the need for a just compensation framework in motor accident cases.
The court clarifies the burden of proof in accident claims, stating that evidence must meet the standard of preponderance of probability rather than beyond a reasonable doubt.
The court established that civil liability in motor accident claims is determined independently of criminal proceedings, emphasizing the need for clear evidence of negligence.
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