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MALASRI NANDI
National Insurance Co. Ltd. – Appellant
Versus
Deva Bala Baruah – Respondent
JUDGMENT :
1. Heard Mr. R. Goswami, learned counsel appearing for the appellant/petitioner as well as Mr. H. Buragohain, learned counsel appearing for the respondent no. 4 and none appears for the other respondents.
2. This appeal has been filed by the National Insurance Company Limited, insurer of the offending vehicle bearing no. AS-04/E-3239 (Mini Truck) challenging the award of compensation on the head of deduction for personal and living expenses of the deceased, against the judgment and order dated 25.08.2014 passed by the learned Member, MACT, Sivasagar in MAC case no. 17/2008.
3. There is no dispute with regard to accident and the liability fixed by the Tribunal. It is only on the submission that the Tribunal was not following the law while deducting towards personal and living expenses of the deceased on calculating award. No other point has been raised in the appeal. As such, the point to be decided in this appeal that what will be the deduction for personal and living expenses while mother is the sole survivor.
4. It was urged by the learned counsel for the appellant tha
Point of Law : While determining the income, an addition of 50% of actual salary to the income of the deceased towards future prospects, where the deceased had a permanent job and was below the age o....
In cases of bachelor deceased, deductions for personal expenses can be adjusted based on the number of dependents, allowing for 1/3rd deduction when multiple dependents exist.
The main legal point established in the judgment is that family pension cannot be deducted from compensation, and future prospects and dependency deductions should be considered in the calculation of....
The court emphasized the assessment of the deceased's income, the deduction for personal expenses, and the impact of the deceased's death on the widow in determining the compensation.
The main legal point established in the judgment is the correct computation of compensation based on the deduction of personal expenses of the deceased, as interpreted in the judgments of Sarla Verma....
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