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SUBHENDU SAMANTA
Reliance General Insurance Co. Ltd. – Appellant
Versus
Rita Kesh – Respondent
JUDGMENT :
Subhendu Samanta, J.
1. The instant appeal has been preferred against the judgment and order dated 15th Day of March, 2011 passed by the learned Judge, Motor Accident Claims Tribunal, 5th Court Burdwan in MAC Case No. 57/156 of 2009.
2. The present respondent Nos. 1 to 4 have preferred an application before the learned tribunal under Section 166 of the M.V. Act for getting compensation.
3. The claim case was contested by the Insurance Company. After hearing the parties and after receiving the evidences the learned tribunal has awarded a sum of Rs.10,49,500/-in favour of the claimants and directed the Insurance Company to pay the compensation. Being aggrieved by and dissatisfied with the said award, the present appeal has been preferred by the Insurance Company.
4. One cross appeal has been preferred by the respondent against the said award only with the prayer of future prospects and general damages by virtue of decision of Hon’ble Apex Court passed in Pranay Sethi. The cross appeal was objected by the Insurance Company on the ground that it was preferred after a long delay of filing of the instant appeal so the COT cannot be entertained. CAN 1 of 2023 is filed for condonatio
Proper evidence and documentation are crucial for assessing compensation under Section 166 of the M.V. Act.
The court emphasized the need for a proper assessment of the deceased's income and considered the entitlement to future prospects and general damages under Section 166 of the M.V. Act.
The central legal point established in the judgment is the proper assessment of compensation under the Motor Vehicles Act, including the deceased's income, future prospects, and suitable multipliers,....
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 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....
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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