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AJAY KUMAR GUPTA
Sulekha Mondal – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
CAN 1 of 2023
1. Learned advocate appearing on behalf of the appellants/claimants moved an application for condonation of delay of 352 days in preferring the instant appeal. He referred paragraph Nos. 5 and 8 of the said application to show the sufficient cause prevented in filing the appeal within the prescribed period of limitation under Section 173(1) of the Motor Vehicles Act, 1988. He prays for condonation of delay for admitting the appeal and hearing of appeal for substantive justice.
2. On the other hand, learned advocate appearing on behalf of the respondent no. 1/insurance company raised objection of such prayer for condonation of delay.
3. Having heard the submissions of both sides and on perusal of the application, it appears the cause shown by the appellant is sufficient, satisfactory and accepted. Hence, delay in filing appeal is hereby condoned.
4. Accordingly, CAN 1 of 2023 is, thus, disposed of.
FMAT No. 961 of 2013
5. This instant appeal has been filed by the appellants/claimants being aggrieved and dissatisfied with the judgment and award dated 21.05.2012 passed by the Learned Judge, Motor Accident Claims Tribunal, Purba Medinipur in Motor
The main legal point established in the judgment is the correct assessment of compensation under the Motor Vehicles Act and the application of the correct multiplier for calculating the compensation.
The main legal point established in the judgment is the application and interpretation of Section 173 of the Motor Vehicles Act, 1988, for condonation of delay, as well as the assessment of compensat....
The retrospective effect of amendments to the Motor Vehicles Act, 1988 and relevant case law influenced the court's decision to allow the appeal for enhanced compensation.
The court applied the principles established in National Insurance Company Limited vs. Pranay Sethi & Ors, (2017) 16 SCC 680, regarding compensation entitlement in motor accident cases.
The main legal point established in the judgment is the reliance on documentary evidence, including the victim's income tax return, to determine the compensation amount in motor accident claims.
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