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ARUN DEV CHOUDHURY
RELIANCE GENERAL INSURANCE CO. LTD. – Appellant
Versus
PRATUL KALITA S/O LATE NABIN KALITA – Respondent
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. A.J. Saikia, learned counsel for the appellant. Also heard Mr. J. Mollah, learned counsel for the respondents.
2. The appellant has challenged the impugned Judgment and Order dated 29.09.2016 passed by the learned Member, Motor Accident Claims Tribunal No. 1, Kamrup (Metro), Guwahati, Assam in MAC Case No. 2795/2008, by which the appellant has been directed to pay the compensation amount of Rs. 20,53,000/- (Rupees twenty lakhs fifty three thousand) only to the respondents/claimants with interest @ 6% per annum from the date of filing the claim petition till it realization.
3. The brief fact of the case is that on 20.03.2008 at about 10.50 P.M. while the claimant, Mukut Kalita, was proceeding in a motorcycle along with his friend and when reached near Sadilapur, suddenly a vehicle bearing No. AS-01-AC-1678 which was driven in a rash and negligent manner, knocked that aforesaid motorcycle. As a result of which he along with his friend sustained grievous injuries and he was immediately brought to GMCH for treatment, but due to his serious
Parental consortium is granted to the child upon the premature death of parent, for loss of “parental aid, protection, affection, society, discipline, guidance and training.
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 of 40 years, sho....
The main legal point established in the judgment is that provident fund contribution should not be deducted from the deceased's salary while computing compensation, and 50% of the actual income shoul....
The main legal point established in the judgment is the entitlement of claimants for future prospects and consortium amount based on legal precedents and the adjustment of compensation and rate of in....
The court held that future prospects should be granted at the rate of 50% of actual salary for deceased below the age of 40 years, 30% for deceased between the age of 40 to 50 years, and 15% for dece....
The main legal point established in the judgment is the Court's duty to award just compensation under the Motor Vehicles Act, taking into account recent legal developments and the power of the Court ....
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