Back
THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
SUSMITA PHUKAN KHAUND
New India Assurance Co. – Appellant
Versus
Rahima Khatun And Ors. W/o- Late Sekandar Ali – Respondent
| Table of Content |
|---|
| 1. context of the case and involved parties. (Para 1 , 2) |
| 2. claimants argue for higher compensation. (Para 3 , 4 , 5 , 6) |
| 3. tribunal's determinations on liability. (Para 7 , 18) |
| 4. insurance company questions liability. (Para 11 , 12) |
| 5. legal reasoning on compensation principles. (Para 13 , 14 , 17) |
| 6. conclusion on awarded compensation levels. (Para 19 , 20) |
| 7. final ruling on appeals. (Para 21 , 22 , 23) |
JUDGEMENT AND ORDER :
SUSMITA PHUKAN KHAUND, J.
1. Heard learned counsel Mr. S. Dutta for the insurer and learned counsel Mr. S. P. Sharma and learned counsel Mr. H. Ali for the Claimants.
2. The claimants Rahima Khatun, Rakibul Hassan and Rashidul Hassan have filed a claim petition registered as MAC Case No. 1831/ 2016. The New India Insurance Company Limited, Sri Pannalal Jain, Sri Misri Lal Ray and Rabiul Hussain were arrayed as respondent nos.1, 2, 3 and 4 respectively. Two appeals have been filed against the Judgment and Order dated 29.03.2022 passed by the learned Member, MACT No.1, Kamrup (M), Guwahati registered as MAC Appeal No. 509/ 2022 preferred by the appellants New India Assurance Company Ltd. against Rahima Khatun, Rakibul Hassan and Rashidul Hassan (herei
Compensation under the Motor Vehicles Act should not deduct benefits like family pension, which are separate from statutory compensation, and contributory negligence was established based on availabl....
Deduction can be ordered only where the tortfeasor satisfies the court that the amount has accrued to the claimants only on account of death of the deceased in a motor vehicle accident
Compensation under the Motor Vehicles Act is statutory and distinct from contractual benefits, ensuring claimants receive just compensation for loss due to negligence.
Contributory negligence must be proven with evidence; mere violation of safety regulations does not automatically imply negligence. Loss of consortium quantified at Rs.40,000/- for each claimant.
Family pension cannot be deducted from the deceased's income when calculating compensation for wrongful death in motor accident claims.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
