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IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY
Krishna Mirdha – Appellant
Versus
National Insurance Company Ltd. – Respondent
Judgment :
Ananya Bandyopadhyay, J:
1. The Learned Advocates representing the respective parties are present in Court.
2. The instant appeal had been filed against the judgment and award dated 26th August, 2021 passed by the learned Judge, Motor Accident Claims Tribunal, Fast Track 1st Tribunal, Tamluk, Purba Medinipur in M.A.C. Case No. 35 of 2014.
3. An application under Section 166 of the Motor Vehicles Act had been filed by the claimants on account of the death of the victim in an accident which occurred on 16th January, 2014 at about Suadighit bank More within the jurisdiction of Mugberia G.P. No.- VI with the involvement of the offending vehicle being a truck bearing registration No. WB-31/0917 which approaching at exceeding speed rashly and negligently clashed with the victim riding his motor cycle resulting in severe injuries.
4. The Learned Advocate representing the appellants/claimants submitted to have filed the instant appeal exclusively on the ground that the learned tribunal had erroneously deducted a sum of Rs. 8520/- towards early GPF contribution to the extent of Rs. 7200/- More-over, the income tax should have been deducted at the rate of 10% at the relevant point of t
Deductions from compensation for life insurance and provident funds are impermissible; 'just compensation' should reflect total income beneficial for dependents without deductions linked to the decea....
Deduction can be ordered only where the tortfeasor satisfies the court that the amount has accrued to the claimants only on account of death of the deceased in a motor vehicle accident
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 judgment emphasizes that income tax deductions must be based on actual tax paid and ex gratia amounts cannot be deducted from compensation unless stipulated by law.
The main legal point established in the judgment is the determination of 'just compensation' under the Motor Vehicles Act, 1988, and the clarification that pensionary benefits, family pension, and ot....
The main legal point established in the judgment is the application and interpretation of Section 173 of the Motor Vehicles Act, 1988, for condonation of delay, as well as the assessment of compensat....
The main legal point established in the judgment is the determination of just and reasonable compensation under the Motor Vehicles Act, 1988, considering the deceased's income, future prospects, loss....
1. The annual income of the deceased-victim should be determined based on the income tax return filed prior to the accident.
2. The deduction towards personal and living expenses of the deceased s....
Compensation for loss of dependency must not deduct pension or personal expenses; future prospects should be included, with the correct multiplier applied.
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