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ROBIN PHUKAN
REMTLING HMAR W/O LALBUOITHANG HMAR – Appellant
Versus
ORIENTAL INSURANCE COMPANY LIMITED – Respondent
JUDGMENT :
ROBIN PHUKAN, J.
1. Heard Mr. S. Chauhan, learned counsel for the appellants and Mr. S. Dutta, learned Senior counsel, assisted by Ms. M. Choudhury, learned counsel for the respondent No. 1.
2. This appeal, under Section 173 of the Motor Vehicles Act, 1988, is directed against the judgment and award, dated 19.06.2021, passed by the learned Member, Motor Accident Claims Tribunal No. 3, Kamrup(M), Guwahati, in MAC Case No. 2079/2017.
3. It is to be noted here that vide impugned judgment and award, dated 19.06.2021, the learned Member, Motor Accident Claims Tribunal (‘MACT’, for short) No. 3, Kamrup(M), Guwahati, had directed the respondent No. 1 to pay a sum of Rs. 2,87,920/- only, with interest @ 7.5% per annum, from the date of filing of the claim petition i.e. 13.10.2017, till its realization.
4. The background facts, leading to filing of the present appeal, are briefly stated as under:
Compensation for fatal accidents under the Motor Vehicles Act must follow the structured formula in the Second Schedule, with recent amendments not applying retrospectively.
Compensation for fatal accidents under the Motor Vehicles Act must follow the structured formula in the Second Schedule, with recent amendments not applying retrospectively.
Point of law: Where there is positive evidence of income and where minimum income is determined on guesswork in the facts and circumstances of a case.
The court reaffirmed that claimants are entitled to just compensation under the Motor Vehicles Act, emphasizing fairness and reasonableness in determining compensation.
The court established that compensation for motor vehicle accidents must accurately reflect the deceased's income and provide just interest rates, ensuring fair compensation for claimants.
Legal representatives must demonstrate dependency to claim compensation; appropriate deduction for personal expenses in compensation should be one-third for married deceased as per established jurisp....
Legal representatives of a deceased must demonstrate dependency to claim compensation under motor accident laws; deductions for personal expenses vary based on marital status and family dependency.
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