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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
ROBIN PHUKAN
Universal Sompo General Insurance Company Ltd. – Appellant
Versus
Haidar Ali S/o Ahedur Rahman – Respondent
| Table of Content |
|---|
| 1. compensation awarded to claimant for injuries. (Para 1 , 2 , 3) |
| 2. challenge to determination of claimant's income. (Para 4 , 5 , 6) |
| 3. court rationale for upholding income assessment. (Para 7 , 8 , 9 , 10 , 11 , 12) |
| 4. judgment on the necessity for fair compensation. (Para 13 , 14 , 15 , 16) |
| 5. final decision on dismissal of appeal. (Para 17 , 18) |
JUDGMENT :
ROBIN PHUKAN, J.
1. Heard Mr. R. Goswami, learned counsel for the appellant and also heard Mr. S.N. Krishnatraya, learned counsel for the respondent No.1/claimant.
2. This appeal under Section 173 of the MOTOR VEHICLES ACT , 1988 is directed against the judgment and award dated 06.01.2020 passed by the learned Member, Motor Accident Claims Tribunal (MACT), Nalbari, in MAC Case No.240 (Injury)/2017, filed under Section 166 of the M.V. Act. It is to be noted here that vide impugned judgment and award dated 06.01.2020, the learned Member, MACT, Nalbari, has directed the appellant herein to pay a sum of Rs.8,57,900/- being the compensation in favour of the respondent No.1/claimant within 60 days from the date of pronouncement of the judgment with interest @ 6% per annum from the date of filing of the claim petition on
Compensation determination must reflect the realities of the victim's situation, taking account of unchallenged testimony even in the absence of documentary evidence.
The court ruled that appropriate notional income must consider current wage standards and future prospects, modifying the compensation amount accordingly.
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.
The court established that minimum wage standards are applicable for compensation assessment in personal injury claims when income proof is lacking.
Compensation for death in a motor accident must consider the deceased's potential income and appropriate deductions based on dependents, rather than relying solely on minimum wage assessments.
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