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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Prasanta Mondal – Appellant
Versus
National Insurance Co. Ltd. – Respondent
JUDGMENT :
Shampa Dutt (Paul) , J.
Re : IA No.: CAN 1 of 2018 (Old No.: CAN 6347 of 2018)
1. IA No.: CAN 1 of 2018 (Old No.: CAN 6347 of 2018) preferred under Section 5 of the Limitation Act, pending till date is taken up for hearing. By the instant application, the petitioner has prayed for condonation of delay in filing the present appeal. Considering grounds as made out and in the interest of justice, prayer for condonation of delay is allowed.
2. IA No.: CAN 1 of 2018 (Old No.: CAN 6347 of 2018) is thus disposed of.
3. The present appeal has been preferred by the claimants against the judgment and award dated 30th June, 2012 passed by the learned Judge, Motor Accident Claims Tribunal and the Additional District Judge, 3rd Court, Nadia, Krishnanagar, in MAC Case No. 399 of 2008, under Section 163A of the Motor Vehicles Act.
4. The Facts :-
“……….. The instant application under Section 163A of M. V. Act was filed by the parents, brother and sister of the deceased, Mithun Mondal, for the compensation amounting to Rs.4,32,400/- for the demise of Mithun Mondal who was aged about 20 years at the time of incident and was a marble- mistry who earned Rs.3,300/- per month. When the said deceased
The amendment to Section 163A of the Motor Vehicles Act applies to pending claims, ensuring claimants receive the benefits of the new compensation schedule.
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 amendment to Section 163A of the Motor Vehicles Act allows claimants to receive enhanced compensation for accidents occurring before the amendment date.
Compensation under Section 163A of the M.V. Act does not require proof of negligence, and structured compensation formulas must be applied to ensure fair awards to claimants.
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....
The amendment to Section 163A of the M.V. Act allows claimants to benefit from enhanced compensation structures, applicable to pending claims.
The amendment to Section 163A of the Motor Vehicles Act allows for enhanced compensation for fatal accidents, applicable to pending claims.
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