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MICHAEL ZOTHANKHUMA
New India Assurance Co. Ltd. Through the Branch Manager – Appellant
Versus
Lalremmawii – Respondent
JUDGMENT :
Heard Mr. Lalfakawma, learned counsel for the appellant as well as Mr. Lalchhanliana Khiangte, learned counsel for the respondent Nos. 1 to 8. No one appears for the respondent No. 9, who is the owner of the accident vehicle.
2. The present appeal has been filed by the appellant Insurance Company against the impugned Judgment & Award dated 18.10.2017 passed by the MACT Aizawl in MACT Case No. 38/2016, by which the compensation amount of Rs. 19,70,000/-along with interest @ 7% per annum from the date of filing till payment was directed to be made to the respondent Nos. 1 to 8/claimants.
3. The brief facts of the case is that on 08.05.2016, a motor vehicle (Tata Sumo) bearing Registration No. MZ-01-J-8927, belonging to the instant respondent No. 8 and driven by one Lalrintluanga, S/o Lalnghilhlova of Ramhlun North, Aizawl, Mizoram, met with an accident at Chiehruphi village, East Jaintia Hills District, Meghalaya while proceeding towards Guwahati from Aizawl. The accident resulted in the death of two (2) persons out of the nine (9) passengers, which included the 22 year o
An appeal is a continuation of a suit, as a result of which a change in law will become applicable on the date of the appellate decree, provided that no vested right is taken away.
The main legal point established in the judgment is the application of legal principles from the case of Pranay Sethi (Supra) to determine the compensation under various heads, including future prosp....
The main legal point established in the judgment is that the determination of compensation under the Motor Vehicles Act, 1988 should consider the notional income of the deceased, future prospects, an....
The main legal point established in the judgment is the determination of just compensation under the Motor Vehicles Act, considering the deceased's income, future prospects, and other conventional he....
The main legal point established in the judgment is the application of legal principles set by the Hon'ble Supreme Court in the case of National Insurance Co. Ltd v. Pranay Sethi & Ors. to determine ....
Compensation for vehicular accidents must be just, fair, and reasonable, determined by the deceased's age, income, and dependents, as per established legal standards.
The main legal point established in the judgment is the determination of just and reasonable compensation under the Motor Vehicles Act, 1988, considering the deceased's income, future prospects, loss....
Point of Law : In death cases, compensation would be awarded only under three conventional heads, viz – loss of estate, loss of consortium and funeral expenses.
Legal representatives must demonstrate dependency to claim compensation; appropriate deduction for personal expenses in compensation should be one-third for married deceased as per established jurisp....
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