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MALASRI NANDI
Panapati Devi – Appellant
Versus
Abidur Rahman – Respondent
JUDGMENT :
1. Heard Mr. S. Khanikar, learned counsel for the appellants/claimants as well as Mr. R.K. Bhatra, learned counsel for the respondents in MACApp. 87/2011 and MACApp. 245/2010. Also heard Mr. S. Dutta, learned Senior Counsel appearing for the respondent no. 9 and Ms. P. Borthakur, learned counsel for the respondent no. 6 in MACApp. 233/2012 and MACApp. 115/2013.
2. This order shall dispose of MACApp. No. 87/2011 (Panapati Devi Vs. Md. Abidur Rahman and 2 Ors.), MACApp. No. 245/2010 (Smt. Romawati Divi Vs. Md. Abidur Rahman and 2 Ors), MACApp. No. 233/2012 (National Insurance Co. LTD. Vs Smti. Panapati Devi and Ors.), MACApp. No. 115/2013 (National Insurance Co. LTD. Vs Smti. Romawati Devi and 8 Ors.). All the four appeals arise out of the common award dated 07.04.2010 passed by learned Member, MACT Sivasagar in MAC Case No. 25/2006 and MAC Case No. 26/2006.
3. MACApp. No. 87/2011 has been filed by the claimant Panapati Devi seeking award of compensation under Section 166 of the M.V. Act on account of death of her husband Seuji Mahato and MACApp. No. 245/2010 was filed by
Point of Law : Power vested under Article 142 of the Constitution is an extra ordinary jurisdiction which is not exercisable by this Court or the MACT and therefore, it can be said that exercise made....
Point of Law : Since the deceased was a bachelor, so 50% of the income of the deceased is required to be deducted with a presumption that had the deceased been alive, he could have spent 50% for his ....
The main legal point established in the judgment is the determination of liability to pay compensation under the Motor Vehicles Act, emphasizing the need for the Insurance Company to prove the violat....
The claimant is entitled to compensation under Section 166 of the MV Act when the driver is a 'tortfeasor' driving the vehicle rashly and negligently.
The entitlement of legal representatives to claim compensation under Section 166(1)(c) of the Motor Vehicles Act, 1988.
The court established that both the driver and the insurer are jointly liable for compensation in cases of negligent driving resulting in fatal accidents.
The court established that the driver of the offending vehicle was negligent, affirming the liability of both the driver and the insurer for compensation under the Motor Vehicles Act.
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