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BUDI HABUNG
New India Assurance Co. LTD. – Appellant
Versus
Nripendra Sarkar – Respondent
JUDGMENT :
Heard Ms. M. Choudhury, learned counsel for the appellant. Also heard Mr. M. Talukdar, learned counsel for the respondents.
2. The appellant/New India Insurance Company Limited by filing this appeal under section 173 of the Motor Vehicles Act, 1988 assailed the judgment and award dated 08.01.2021 passed by the learned Member, MACT, Moringaon in MAC Case no. 20/2017 whereby the learned Tribunal has awarded a sum of Rs. 20 Lakhs to the claimant with interest at the rate of 7.5% per annum from the date of filing of the claim petition till the payment by M/S New India Insurance Company Limited (appellant herein).
3. The case of the claimant is that on 30.11.2016, at about 08.10 pm while he was going from Nellie side towards Jagiroad by a Motor Cycle bearing registration No. AS-21E-1209 and reached in front of the flyover of HPC Jagiroad, a vehicle bearing registration no. AS-01-DC-9365 (Truck) was coming from the same direction in a very rash and negligent manner and knocked him from the back of his bike due to which he fell with motor cycle. As a result of the said accident, he sustained multiple grievous injuries in different parts of his body and head. Thereafter, immediatel
Permanent disability does not automatically equate to loss of earning capacity; proper medical evidence is essential for substantiating claims.
The liability of the owner and insurer in accidents involving motor vehicles, and the entitlement to compensation in the absence of fault or negligence on the part of the driver.
The liability of the owner and insurer in motor accident cases, even in the absence of driver negligence, and the maintainability of claim petitions for personal injuries under the M.V. Act.
The court established that compensation for permanent disability must reflect its actual impact on the claimant's earning capacity, not merely the percentage of disability.
The main legal point established in the judgment is the assessment of permanent disability and loss of earning capacity in compensation cases under the Motor Vehicles Act. The court applied the princ....
The main legal point established is the assessment of compensation for permanent disablement and medical treatment under the Motor Vehicles Act, based on medical evidence and relevant legal principle....
The standard of proof in motor accident claims is based on the preponderance of probability, and the Tribunal's assessment of negligence and compensation was upheld due to lack of contradictory evide....
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