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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MARLI VANKUNG
ICICI Lombard General Insurance Company Ltd – Appellant
Versus
Sonakar Behera – Respondent
| Table of Content |
|---|
| 1. accident caused by negligent driving. (Para 2 , 3 , 4) |
| 2. court's analysis on income calculation. (Para 5 , 10 , 11 , 12) |
| 3. final order on compensation and disbursement. (Para 6 , 15 , 16 , 17) |
| 4. dispute over computation of deceased's income. (Para 7 , 8 , 9) |
| 5. invalid driving licence and insurer's liability. (Para 13 , 14) |
JUDGMENT :
MARLI VANKUNG, J.
Heard Mr. R. Goswami, learned counsel for the appellant. Also heard Mr. B.Choudhury, learned counsel for respondent Nos. 1 to 5.
2. This appeal is filed against the impugned judgment and award of the learned Member, Motor Accident Claims Tribunal, KAMRUT (M) in the Court of Additional District Judge-II cum Member, MACT, Kamrut (M), Gauhati dated 09.10.2018 in MAC Case No. 521 of 2015, wherein the claimants/respondent Nos. 1 to 4 were awarded a compensation of Rs. 15,28,00/-.
3. Facts of the case in brief is that on 12.06.2014, at about 6:40 pm, while crossing the A.K. Azad Road in front of Bibekananda School, the OP No. 3 driving the offending vehicle bearing Registration No. AS-01-DD-8853 in a rash and negligent manner, hit the deceased Mr. Prafulla Behera on the road, wherein, he sustained grievous injuries. He was imm
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.
In the absence of proof of income, notional income should be Rs. 36,000 per annum, with deductions for dependents standardized based on family size.
The notional income for a deceased student in accident claims must be assessed considering minimum wages as per government notifications.
In absence of documentary proof, minimum wage notifications serve as a basis for income assessment in compensation claims.
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