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IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY
Sk. Asaruddin – Appellant
Versus
Santanu Ghosh – Respondent
JUDGMENT :
ANANYA BANDYOPADHYAY, J.
1. Both the Learned Advocates representing the appellants/claimants Company and the respondents/Insurance Company are present in Court.
2. The instant appeal had been filed against the judgment and award dated 27.01.2006 passed by the Learned Judge, Motor Accident Claims Tribunal, Purba Medinipore at Tamluk in M.A.C. Case No. 61 of 2025/55 of 2025.
3. The Learned Advocate representing the appellant submitted that the instant appeal had been filed against the Judgment and award dated 27.01.2006 passed by the Judge Motor Accident Tribunal, Purba Medinipore at Tamluk in MAC Case No. 61/2005 by 55/2005 deciding an application under Section 163A of the Motor Vehicles Act, 1988. It was further submitted disregarding the claimed income of the victim to be Rs.4,500/- per month the Tribunal has assessed the compensation to the extent of Rs.2,09,000/- against the claimed amount of Rs.5,00,000/-. The Learned Advocate representing the appellant referred to the decision cited in Ram Murti & Ors. Vs. Punjab State Electricity Board (Civil Appeal No. 7143 of 2022):
“The High Court has affirmed the judgment of the Tribunal in regard to the dismissal of the claim under
Compensation claims under Section 163A of the Motor Vehicles Act, 1988 are contingent upon the claimant's income being below the statutory threshold, while recent amendments enhancing compensation ar....
The amended Second Schedule has to be taken into account in pending proceedings under Section 163A for deciding the quantum of compensation.
Compensation under Section 163-A of the Motor Vehicles Act applies retroactively, allowing beneficiaries of past accidents to claim updated compensation amounts.
The amendment to Section 163A of the Motor Vehicles Act, 1988, applies to pending claims, allowing claimants to receive enhanced compensation based on the new structured formula.
The court established that claimants are entitled to compensation under Section 163A of the Motor Vehicles Act based on the structured formula, irrespective of the insurance company's policy limitati....
Claimants are entitled to compensation under amended Motor Vehicles Act without proving negligence, with the retroactive application of compensation limits.
Claimants under the Motor Vehicles Act can opt to convert claims from Section 163A to Section 166 for comprehensive compensation assessments, reflecting the law's flexibility in addressing victims' n....
A claimant with an income exceeding Rs. 40,000 per annum can file a claim petition under section 163A of the Motor Vehicles Act, 1988, and receive compensation in accordance with the structured formu....
The amendment to Section 163A of the Motor Vehicles Act applies to pending claims, ensuring claimants receive the benefits of the new compensation schedule.
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