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AJAY KUMAR GUPTA
National Insurance Company Limited – Appellant
Versus
Rupali Ojha – Respondent
JUDGMENT :
(Ajay Kumar Gupta, J.) :
1. The First Miscellaneous Appeal has been filed by the Appellant/National Insurance Company assailing the judgment and award dated 3rd January, 2014 passed by the learned Tribunal Judge, Motor Accident Claims Tribunal, 1st Court, Suri, Birbhum in MAC Case No. 61/2011 on the following grounds:
(ii). The learned Tribunal Judge erred in holding that the driver of the alleged offending vehicle No. WGD-1535 was solely responsible for the alleged accident though the evidence, brought on record, shows otherwise.
(iii). The learned Court below erred in allowing the claim application though the claimants have not made necessary parties i.e. owner and insurer of the motor cycle being Registration No. WB-54C-8565 and awarded compensation only against the present appellant to
The court established that in motor vehicle accidents involving multiple vehicles, liability must be assessed based on evidence of negligence, and compensation calculations must account for tax deduc....
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.
Point of law: These provisions (sec.110A and sec.110B of Motor Act, 1988) are not merely procedural provisions. They substantively affect the rights of the parties. The right of action created by Fat....
It is settled law that at intersection where two roads cross each other, it is duty of a fast moving vehicle to slow down and if driver did not slow down at intersection, but continued to proceed at ....
The main legal point established in the judgment is the determination of compensation in cases of negligence and contributory negligence under the Motor Vehicles Act, 1988, based on factors such as l....
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