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KARDAK ETE
SABINA YASMIN W/O LATE RAFIQUL ISLAM – Appellant
Versus
MOINUL HOQUE S/O LATE MAJNUR ALI S. K. – Respondent
JUDGMENT :
KARDAK ETE, J.
1. Heard Mr. A.R. Agarwala, learned counsel for the appellants. Also heard Mr. R. Goswami, learned counsel, for the respondent No. 3. None appears for the respondent Nos. 1 & 2.
2. This Appeal is preferred under Section 173 of the Motor Vehicle Act, 1988 (hereinafter referred to as ‘the M.V. Act’), assailing the judgment and award dated 08.10.2013, passed by the learned Member, Motor Accident Claims Tribunal, Dhubri, whereby a compensation amount of Rs.6,11,700/- (Rupees six lakh eleven thousand and seven hundred) with interest @ 8% per annum, from the date of filing of the claim petition, has been awarded to the claimants.
3. Brief facts of the case are that on 18-11-2009, at around 9:00 P.M., while the husband of the claimant and two others were walking on the left side of the No. 31 National Highway near Botertol, Geramari, a Truck bearing registration No. AS-17-8681, being driven by its driver in a high speed in reckless manner, knocked down her husband and two others from behind. As a result of which, all of them were thrown out of the road causing death of her husband and one Sanjan Ali and Md. Awal Hoque sustained grievous injuries. Immediately after th
The court established that actual income evidence must be prioritized over notional income in compensation claims under the Motor Vehicle Act.
The main legal point established in the judgment is the re-assessment of notional income and enhancement of compensation under various heads to ensure just and reasonable compensation for the claiman....
In fatal motor accidents addition of notional income of deceased towards future prospects of deceased is integral component of compensation.
The main legal point established in the judgment is the application of legal principles related to compensation under the Motor Vehicles Act, specifically focusing on loss of dependency, future prosp....
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....
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