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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Robin Phukan
The Oriental Insurance Co. Ltd. – Appellant
Versus
Bhupen Bhuyan And Anr. S/o Late Keshab Bhuyan – Respondent
JUDGEMENT & ORDER :
ROBIN PHUKAN, J.
Heard Ms. R.D. Mozumdar, learned counsel for the appellant and Mr. S.P. Choudhury, learned counsel for the respondents.
2. In this appeal, under Section 173 of the Motor Vehicles Act, 1988, the appellant has put to challenge the correctness or otherwise of the Judgment and Award dated 02.02.2010, passed by the learned Member, MACT, Sonitpur (‘Tribunal’, for short) in MAC Case No. 361/2007.
3. It is to be noted here that vide impugned Judgment and Award dated 02.02.2010, the learned Tribunal has directed the appellant to pay a sum of Rs. 4,67,577/- to the respondent No. 1 being the compensation with 6% interest from the date of passing of the judgment.
Background Facts:-
4. The background facts, leading to filing of the present appeal, are adumbrated herein below:-
“On 19.04.2007, the respondent No. 1, namely, Bhupen Bhuyan was driving the Maruti Car, bearing registration No. AS-01-W-8763 from Biswanath Charnali towards Guwahati and he was accompanied by his friend, namely, Niranjan Saikia, the owner of the said vehicle. At about 03:10 pm, when they reached Khetri, in front of Dimoria College, an old woman with a minor child suddenly came in front of th
The court ruled that claims under Section 163(A) of the Motor Vehicles Act are not maintainable for non-owners of the vehicle, emphasizing the need for medical evidence in assessing disability and co....
A claimant cannot seek compensation under Section 163(A) of the Motor Vehicles Act if they are not the owner of the vehicle, necessitating claims under Section 166 instead.
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 emphasized that compensation for personal injury must be just and equitable, reflecting the claimant's loss of earning capacity and future prospects, while ensuring the assessment of perman....
The court ruled that income tax returns are essential for determining compensation, and notional income must reflect actual earnings.
The assessment of compensation for permanent disability must consider its impact on earning capacity, not just the percentage of disability.
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