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IN THE HIGH COURT AT CALCUTTA
Biswaroop Chowdhury
United India Insurance Company Ltd. – Appellant
Versus
Kalpana Baske – Respondent
| Table of Content |
|---|
| 1. fatal accident claim background. (Para 1 , 2 , 3 , 4) |
| 2. trial court's compensation assessment. (Para 5 , 6 , 10 , 11 , 12) |
| 3. appellant's contentions against compensation. (Para 7 , 8 , 9 , 32 , 38) |
| 4. supreme court's principles on consortium. (Para 14 , 15 , 19 , 20 , 21) |
| 5. court confirms trial court's order. (Para 41 , 42 , 43) |
JUDGMENT :
Biswaroop Chowdhury, J.
1.The respondent before this Court was a claimant in a motor accident claim case and the appellant before this court was the opposite party in the said case being MAC case no 68 of 2022 and is aggrieved by the Judgment and Award dated 19.08.2024 passed by the Learned Additional District Judge 3rd- Court Paschim Medinipur in MAC Case No – 68 of 2022.
2. The case of the claimants before the Learned Trial Court may be summed up thus;
On 22.11.2021 at about 06:10 pm deceased Rilamala Baske and her brother Akash Baske was returning home after the end of private tuition from Fulkusima by riding a bicycle through Jhargram Bankura pitch road and at about 06:10pm while they reached near the shop of Soukhin enterprise at that time one vehicle bearing NoWB23E/3911(Truck) was coming from Fulkusma side at a very high speed
Compensation for minor victims under the Motor Vehicles Act must reflect socio-economic loss, including filial consortium for bereaved parents, affirming the Act's intent to provide just relief.
The court established that compensation calculations under the MV Act must consider actual income, appropriate deductions, future prospects, and the right to consortium for dependents.
Compensation for death in motor vehicle accident must be based on established minimum wages, with future prospects considered, and consortium awarded to dependents.
Point of Law : Compensation on account of loss of love and affection is not permissible but compensation on account of spousal and parental consortium for children is admissible.
The court established that the compensation for death in a motor accident must accurately reflect the deceased's potential future income, utilizing the appropriate multiplier based on age rather than....
The family pension received by the wife of the deceased in a road traffic accident is not a "pecuniary advantage" and is not liable for deduction while determining the compensation under the provisio....
Motor Vehicles Act is a beneficial legislation aimed at providing relief to the victims or their families, in cases of genuine claims. In case where a parent has lost their minor child, or unmarried ....
The main legal point established in the judgment is the application of principles for assessment of compensation in case of death, including the denial of compensation to certain claimants and the ap....
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