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IN THE HIGH COURT AT CALCUTTA
BISWAROOP CHOWDHURY
Muni Lohar – Appellant
Versus
National Insurance Company Ltd. – Respondent
| Table of Content |
|---|
| 1. accident details and claim initiation. (Para 1 , 2) |
| 2. grounds for appeal regarding income and interest. (Para 11 , 12 , 14 , 15) |
| 3. analysis of evidentiary support for income assessment. (Para 13 , 16 , 17 , 18 , 19 , 20) |
| 4. just compensation calculation based on employment. (Para 21) |
| 5. final decision on compensation awarded. (Para 22 , 23) |
JUDGMENT :
BISWAROOP CHOWDHURY, J.
1. The appellants before this Court were the claimants in an application under Section 166 of the Motor Vehicles Act 1988, and is aggrieved by the Judgment and Award dated 27th day of March 2024 passed by Learned Additional District Judge 1st Court Siliguri Darjeeling in MAC Case No. 106(8) of 2014.
2. The case of the claimants/appellants before the Learned Trial Court may be summed up thus:
On 28/06/2014 at about 2.30 P.M. the victim Gulshan Lohar and another namely Sablu Kerketta was coming from Hansqua Tea Garden towards his home in his motor bike bearing no. WB-74M 8876 and when they reached Saraswati Hindi High School Rajiyate the offending vehicle being a Scorpio vehicle being no. WB-74X 3053 which was being driven in rash and negligent manner hit the back side of the motor bike as a result of
The court ruled that appropriate notional income must consider current wage standards and future prospects, modifying the compensation amount accordingly.
Compensation determination must reflect the realities of the victim's situation, taking account of unchallenged testimony even in the absence of documentary evidence.
The court established that compensation for motor vehicle accidents must be calculated based on the notional income of the deceased as per official wage notifications.
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The main legal point established in the judgment is the re-assessment of the claimant's income and future loss of income for the calculation of compensation.
The court established that the Tribunal can fix notional income above the claimed amount to ensure just compensation for victims of road traffic accidents.
Point of law : As the age of the appellant was 19 years on the date of the accident and as he was self-employed person, the appellant would be entitled to prospective income to the tune of 40%. As th....
In absence of definitive proof of income, a notional income can be reasonably fixed by the tribunal, which can be upheld unless deemed arbitrary.
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