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SUMAN SHYAM
Lakhi Deka W/o Shri Hareswar Deka – Appellant
Versus
New India Insurance Co. Ltd. – Respondent
JUDGMENT :
SUMAN SHYAM, J.
1. Heard Mr. H. Das, learned counsel appearing for the appellants. I have also heard Mr. R. Goswami, learned counsel representing the respondent No. 1 i.e. the New India Assurance Co. Ltd. and Mr. A. Saikia, learned counsel representing the respondent No. 4 i.e. the United India Insurance Co. Ltd. Mr. A. Sarma, learned counsel has appeared for the respondent No. 5. The remaining respondents have not appeared in this case.
2. The instant appeal is directed against the judgment and award dated 09.04.2018 passed by the learned Motor Accident Claims Tribunal No. 1, Kamrup, Guwahati in connection with MAC Case No. 2372/2015 awarding a sum of Rs. 5,25,000/- along with interest at the rate of 7% per annum calculated on the aforesaid amount from the date of filing of evidence-on-affidavit till payment, in favour of the claimants on account of death of deceased Dimbeswar Deka.
3. Mr. Das, learned counsel for the appellants submits that the learned Tribunal has applied the wrong multiplier and has also not granted taken into account future prospect as well as the n
There is no justification for the learned Tribunal to award interest from date of filing the evidence on affidavit.
The appropriate income, future prospects, and multiplier for calculating compensation under the Motor Vehicles Act were determined based on legal principles established in previous cases.
The central legal point established in the judgment is the proper assessment of compensation under the Motor Vehicles Act, including the deceased's income, future prospects, and suitable multipliers,....
Compensation calculations in motor accident claims must include allowances and future prospects, with appropriate multipliers based on the deceased's age.
The main legal point established in the judgment is that the deceased's actual income and age should be considered for applying the multiplier in motor accident compensation cases, as per the Supreme....
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