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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Magma HDI General Insurance Co. Ltd. – Appellant
Versus
Afsara Afruj W/o Late Abdul Wahid – Respondent
| Table of Content |
|---|
| 1. jurisdiction of the court to hear appeals. (Para 1 , 2 , 3) |
| 2. grounds for appealing the tribunal's decision. (Para 4 , 5) |
| 3. circumstances surrounding the accident and claim initiation. (Para 6 , 7 , 8 , 9) |
| 4. evidence presented by the claimants and lack thereof from the appellant. (Para 10) |
| 5. determination of compensation and assessment of income. (Para 11 , 12 , 13 , 14) |
| 6. final orders and directions to the appellant. (Para 15 , 16 , 17 , 18) |
ORDER :
1. Heard Mr. R Goswami, the learned counsel appearing on behalf of the appellant. Mr. AN Iqbal, the learned counsel appears on behalf of the respondent Nos.1, 2 and 3, who are the claimants.
2. This is an appeal under Section 173 of the MOTOR VEHICLES ACT , 1988 challenging the judgment and award dated 17.03.2025 passed MAC Case No.1886/2020.
3. The instant appeal is being taken up at the stage of Order XLI, Rule 11 of the Code.
4. The grounds of objection so taken in the instant appeal as submitted by Mr. R Goswami, the learned counsel for the appellant is that the income of the deceased was not proved and as such, the learned Tribunal had erred in arriving at the figure of Rs.13000/- to be the monthly income of the de
In determining compensation for a deceased professional driver, the court can use minimum wage notifications to assess income, validating findings of negligence in the accident.
Compensation determination must reflect the realities of the victim's situation, taking account of unchallenged testimony even in the absence of documentary evidence.
In absence of definitive proof of income, a notional income can be reasonably fixed by the tribunal, which can be upheld unless deemed arbitrary.
The main legal point established is that the income of a deceased individual in a motor accident case should be determined based on the minimum wages for a skilled worker, especially when the individ....
The court established that the insurance company remains liable for compensation despite the driver’s invalid license, affirming the need to calculate notional income based on minimum wage laws.
The court established that minimum wage standards are applicable for compensation assessment in personal injury claims when income proof is lacking.
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