Back
MALASRI NANDI
Magma Hdi General Insurance Company Ltd. – Appellant
Versus
Ira Thakuria W/O Prabin Thakuria – Respondent
JUDGMENT :
1. Heard Mr. R. Goswami, learned counsel appearing for the appellant/Insurance Company as well as Mr. D. Mondal, learned counsel appearing for the claimants/respondents.
2. This appeal has been preferred by the appellant/Insurance company challenging the award on quantum of compensation passed by the learned Member, MACT, Kamrup (M) dated 19.08.2019 in MAC Case No. 2035/2015.
3. The factum of accident has not been disputed in this case. Learned tribunal after appreciating the evidence of the witnesses and the documents available in the record, awarded compensation in favour of the claimants amounting to Rs. 30,54,000/-(Rupees Thirty Lakhs Fifty Four Thousand).
4. Being highly dissatisfied and aggrieved with the award on higher side, this appeal has been preferred.
5. It was urged by learned counsel for the appellant Mr. R. Goswami that learned Tribunal in the absence of any reliable document considered the income of the deceased as Rs. 20,000/-per month on a one month old shop in a village area. It is also the submission of learned counsel for the appellant that the claimant had submitted an income certificate (vide Exhibit-3) which was issued by Palashbari Circle Officer sta
Point of Law : An addition of 25% where the deceased was between the age of 40-50 years and 10% where the deceased was between the age of 50-60 years should be regarded as the necessary method of com....
The reliance on unchallenged Income Tax Returns for determining the deceased's income is valid, leading to a reduction of compensation from Rs.71,17,080 to Rs.68,70,000.
While determining the income of the deceased in case of self-employed or on a fixed salary, an addition of 40 % of the established income should be the warrant where the deceased was below the age of....
Assessment of compensation cannot be done with mathematical precision – Motor Vehicles Act, 1988 also provides for assessment of just and fair compensation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
