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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
National Insurance Co. Ltd. – Appellant
Versus
Ranjan Koyal @ Shibu Koyal – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present claim appeal has been preferred by the Appellant/Insurance Company against the judgment and award dated 19th February, 2011, passed by the learned Judge, Motor Accident Claims Tribunal cum Additional District and Session Judge, 9th Fast Track Court, Alipore, South 24 Parganas, in MAC Case No. 01 of 2010, under Section 163A of the M.V. Act.
2. FACTS :-
“……On 24.06.2005 at about 6.00 p.m. the driver of the offending vehicle no. WB23A 1855 drove the same in rash and negligent manner and dashed victim Ranjan Kayal while he was coming towards Sagar from Kachuberia side on foot in the extreme left side of non metallic portion of the road and as a result he sustained severe injuries on his person causing permanently disablement. At the time of the alleged incident he was aged about 21 years and he was a student of Mohananda Vidyamandir and his yearly income was Rs.15,000/- per month as notional income……….”
3. The owner of the offending vehicle i.e. O.P. No. 1 did not contest the case.
4. O.P. No. 2 i.e. Insurance Company contested the case by filing a W.S. denying all the material allegations made in the petition contending inter alia that the pe
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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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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....
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