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BIVAS PATTANAYAK
United India Insurance Co. Ltd. – Appellant
Versus
Bishakha Sau – Respondent
JUDGMENT :
1. This appeal is preferred against the judgment and award dated 29th June, 2022 passed by the learned Additional District Judge-cum-Judge, Motor Accident Claims Tribunals, 4th Court, Paschim Medinipur in MAC case no.287 of 2020 granting compensation of Rs.22,54,500/- together with interest in favour of the claimants under Section 166 of the Motor Vehicles Act, 1988.
2. The brief fact of the case is that on 14.06.2022 at about 06-30 a.m. while the victim was travelling as a Khalasi (Helper) in the offending vehicle bearing registration no.WB-33C/8749 (Tipper Truck) which was driven in a rash and negligent manner, dashed backside of a standing vehicle, as a result of which the victim sustained serious injuries on his head, chest and over his bodies. Immediately, he was shifted to Midnapur Medical College and Hospital where he was treated till 20.06.2020. Thereafter, he was shifted to Minimal Access Surgical Private Limited at Tamluk and for better treatment, he was shifted to N.R.S. Medical College and Hospital, Kolkata where he succumbed to his injuries and died on 24.
The main legal point established in the judgment is the assessment of compensation under the Motor Vehicles Act, 1988, including the determination of the deceased's income and the grant of general da....
In the absence of definite proof of income, the social status and nature of work of the deceased should be considered for compensation assessment.
The central legal point established in the judgment is the assessment of the deceased-victim's income and the calculation of the compensation amount under the Motor Vehicles Act, 1988.
Compensation for death in a motor accident must consider the deceased's potential income and appropriate deductions based on dependents, rather than relying solely on minimum wage assessments.
In absence of documentary proof, minimum wage notifications serve as a basis for income assessment in compensation claims.
LMV licence suffices for transport vehicle under 7500kg GVW sans endorsement; self-employed carpenter notional income Rs.800/day on oral evidence; 1/4th personal expenses deduction (4 dependents); 10....
The court established that the contribution of a homemaker must be recognized in monetary terms for compensation calculations, emphasizing the importance of minimum wage standards in assessing loss o....
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