Back
ARUN DEV CHOUDHURY
New India Assurance Company Limited – Appellant
Versus
Purnima Bhuyan @ Maini Khargaria W/o Late Khurendra Bhuyan – Respondent
JUDGMENT :
ARUN DEV CHOUDHURY, J.
1. Heard Mr. S. Dutta, learned Senior Counsel assisted by Mr. Sidhant Dutta, learned counsel for the appellant. Also heard Mr. K. Bhuyan, learned counsel for the claimants/respondents.
2. The present appeal under Section 173 of the Motor Vehicle Act, 1988 is directed against the Judgment and Order dated 05.06.2018, passed by the learned Member of Motor Accident Claims Tribunal, Jorhat in MAC Case No. 16/2012.
3. The case of the claimant in brief is that while the deceased was travelling by a motorcycle and was waiting at the crossing to go towards Pudukkottai Road, near Airport entrance, the vehicle bearing Registration No. TN-49/AW-4514 driven in a rash and negligent manner came and hit him from behind and as a result, the victim sustained grievous injuries. It is also pleaded that the victim was immediately taken to KMC Speciality Hospital where he succumbed to his injuries on 07.11.2011, during the course of treatment. It is the further claim that the deceased was aged about 43 years at the time of his death and he was earning Rs. 23,196/- per m
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.
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 court reaffirmed that claimants are entitled to just compensation under the Motor Vehicles Act, emphasizing fairness and reasonableness in determining compensation.
Compensation in motor accident cases must include all income components, excluding only income tax and professional tax, and future prospects should be factored into the multiplicand for just compens....
The court emphasized the necessity of awarding just and fair compensation under the Motor Vehicles Act, considering future prospects and adjusting interest rates appropriately.
The court emphasized the principle of just and fair compensation under the Motor Vehicles Act, including considerations for future prospects and conventional heads.
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
