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MARLI VANKUNG
ORIENTAL INSURANCE COMPANY LIMITED – Appellant
Versus
MAYMUN NESSA BARBHUYIA W/O LATE HABIB ALI BARBHUIYA – Respondent
JUDGMENT :
MARLI VANKUNG, J.
1. Heard Mr. S.K. Goswami, learned counsel for the appellant. Also heard Mr. S.K. Goswami, learned counsel for the respondents.
2. The instant appeal is against the judgment delivered on 23.12.2019 by the learned MACT Cachar, Silchar in MAC Case No. 978/2016, wherein the learned MAC Tribunal had awarded a compensation of Rs. 18,25,000/- with an interest @ 7% per annum with effect from the date of filing of the claimed petition i.e. 01.12.2016 till its realization in full in favour of the claimants/respondent Nos. 1-3.
3. Facts of the case in a nutshell is that on 12.09.2016, the offending Motor Cycle bearing No. AS-11G-8213 was proceeding from Kalain towards Silchar. The vehicle being driven in a rash and negligent manner at an excessive speed had knocked down the deceased, Siraj Uddin Barbhuiya who sustained grievous injuries and succumbed to his injuries while undergoing treatment as SMCH. The case was registered as Borkhola P.S. Case No. 314/2016 u/s 279/304(A) IPC.
4. The respondents claimant filed the claimed petition under Section 166 of the M.V. Act, 1988 claiming compensation of Rs. 27,84,000. The case of the claimant was that the deceased was 48 yea
The court established that compensation for motor vehicle accidents must be calculated based on the notional income of the deceased as per official wage notifications.
The court ruled that appropriate notional income must consider current wage standards and future prospects, modifying the compensation amount accordingly.
In absence of documentary proof, minimum wage notifications serve as a basis for income assessment in compensation claims.
The main legal point established in the judgment is the reliance on oral testimony to determine the deceased's income and the application of established legal principles to modify the compensation am....
The main legal point established in the judgment is that the deceased, a student of Bachelor of Engineering, should not have been treated as a skilled labour/daily wager for the purpose of compensati....
Compensation determination must reflect the realities of the victim's situation, taking account of unchallenged testimony even in the absence of documentary evidence.
The Motor Vehicles Act mandates that courts award just compensation, which can exceed claimed amounts, based on proper assessment of income and future prospects.
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