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IN THE CIRCUIT BENCH CALCUTTA HIGH COURT AT JALPAIGURI
SUBHENDU SAMANTA
Munmun Pal – Appellant
Versus
Papi Byadh Roy – Respondent
Judgment :
Subhendu Samanta, J.
1. Both the appeals are preferred against the Judgment and award dated 20nd December, 2023 passed by the Learned Judge, Motor Accident Claim Tribunal ADJ, 3rd Court Jalpaiguri, in MAC Case No. 97 of 2020.
2. The brief fact of the case is that one Pratik Kr. Pal died in a road traffic accident on 10.09.2019. The present petitioners being the widow and two daughters of the deceased filed an application u/s 166 of MV Act before the Learned Tribunal for getting compensation. The claim case was contested by the insurance Company by filing written statement. The Learned Tribunal after hearing the parties and after receiving evidence has allowed the compensation amounting to Rs. 1,04,66,344/- in favour of the claimants and directed the Insurance Company to pay the compensation.
3. Being aggrieved by and dissatisfied with the said award the claimants as well as the Insurance Company has preferred separate appeals. The ground for preferring appeal by the claimant is ---
i) income of the deceased as assessed by the Learned Tribunal is erroneous.
The Insurance Company has preferred the appeal on the grounds first there are contributory negligence on behalf of the dec
The assessment of contributory negligence, medical expenses, and income, as well as the interpretation of evidence and legal principles established by higher courts, are crucial in determining compen....
Contributory negligence must be substantiated by evidence; lack thereof necessitates full liability of the insurer, not apportionment of compensation.
The insurance company is liable for compensation in a motor accident claim when the driver of the offending vehicle is found negligent, and the absence of a valid driving license does not absolve the....
The main legal point established in the judgment is the proper attribution of contributory negligence and the computation of just and reasonable compensation.
The main legal point established in the judgment is the application of principles of negligence and contributory negligence in motor accident cases, along with the determination of compensation for f....
The court ruled that the absence of the truck driver required an inference of sole negligence, overturning the Tribunal's finding of contributory negligence against the deceased.
The main legal point established in the judgment is the application of negligence, contributory negligence, and composite negligence principles in motor accident cases, and the need for new strategie....
The court reiterated that contributory negligence cannot be established merely from the accident's circumstances without direct evidence, resulting in a revised compensation amount reflecting the dec....
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