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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Arjiya Bewa Mondal – Appellant
Versus
Oriental Insurance Company Ltd. – Respondent
JUDGMENT :
Shampa Dutt (Paul), J.
IA No. CAN 6350 of 2018
1. IA CAN 6350 of 2018 is moved by the learned counsel for the appellant in presence of the learned counsel for the respondent/insurance company praying for condonation of delay in filing the appeal.
2. Considering the averments made in the application and in the interest of justice, the delay is condoned.
3. The application being CAN 6350 of 2018 stands disposed of.
4. The present claim appeal has been preferred by Claimants/Appellants against the judgment and award dated 28th September, 2012 passed by the learned Judge, Motor Accident Claims Tribunal and the Additional District Judge, 5th Court, Krishnanagar, Nadia, in MAC Case No. 198 of 2007, under Section 163A of the Motor Vehicles Act, 1988.
5. FACTS :-
“………..The victim Ashmat Mondal was travelling himself in a bus having registration no. WB 51- 6768 plying on the Krishnagar-Karimpur Coalter Road on 25.02.2007 at about 11.00 a.m. with a high and excessive speed. The driver of the bus suddenly pressed the brake near Taranipur Mathpara to save an old lady who suddenly had come in front of the bus. The victim fell down from the roof of the bus. The victim sustained severe injurie
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.
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.
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....
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