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PRASENJIT BISWAS
Saswati Ghosh – Appellant
Versus
New India Assurance Company Ltd. – Respondent
| Table of Content |
|---|
| 1. victim's death due to accident (Para 1 , 2 , 3) |
| 2. claimants argue tribunal erred (Para 6 , 7) |
| 3. future prospects not considered (Para 8 , 9 , 10) |
| 4. tribunal's calculation of income (Para 11) |
| 5. income must be gross less tax (Para 12 , 13 , 14 , 15) |
| 6. compensation modified to rs. 28,31,272/- (Para 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24) |
JUDGMENT :
Prasenjit Biswas, J.
1. This appeal is directed against the judgment and award dated 7th April, 2014 passed by the learned Judge, Motor Accident Claims Tribunal, Additional District and Sessions Judge, 2nd Court, Sealdah, South 24 Parganas in connection with M.A.C.C. No. 2 of 2009 (Arising out of M.A.C.C. No. 120 of 2008).
2. By passing the impugned judgment and award learned Tribunal awarded compensation to the tune of Rs. 12,42,000/- in favour of the claimants which should be given within two months from the date of impugned order and in default interest should be given to the claimants at the rate of 10% of their respective amount till realization.
3. The victim, Tapan Ghosh faced an unnatural death on 26.06.2008 due to a road traffic accident. On that fateful date the deceased being the husband and father of the claima
Compensation for road traffic accidents must be calculated based on gross income less tax, including future prospects and adequate general damages as per legal precedents.
(1) Determination of income while computing compensation has to include future prospects.(2) Multiplier has to be adopted/applied considering age of deceased and not age of parents.(3) Fatal accident....
Compensation under the Motor Vehicles Act must be just, fair, and reasonable, considering future prospects and qualifications of the deceased.
The main legal point established in the judgment is the application of legal principles related to compensation under the Motor Vehicles Act, specifically focusing on loss of dependency, future prosp....
The inclusion of prospective income increases the compensation amount, emphasizing the need for future salary revision when calculating loss of dependency in fatal accident cases.
The court established that compensation must consider future income prospects, especially for students with high potential, and emphasized the need for realistic assessments of earning capacity while....
Compensation under the Motor Vehicles Act must consider gross income without arbitrary deductions and allow future prospects based on statutory guidelines, ensuring just compensation for victims' dep....
The court reinforced that all allowances must be included in calculating income for compensation, and compassionate appointments should not affect future earnings claims under the Motor Vehicles Act.
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