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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
SANJEEV KUMAR SHARMA
Probe Bala Debi @ Purbeswari Debi W/o Late Dinesh Ch. Barman – Appellant
Versus
Divisional Manager The New India Assurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. accidental death and liability details (Para 2 , 3 , 4 , 5) |
| 2. challenges to tribunal's findings (Para 11 , 12) |
| 3. calculation of multiplier for compensation (Para 14 , 15 , 16) |
| 4. proof of income and document validity (Para 18 , 19 , 20) |
| 5. just compensation principles outlined (Para 22 , 23 , 24) |
| 6. final compensation amount and interest decision (Para 25 , 27 , 28 , 29) |
| 7. disposal order and procedural directives (Para 31 , 32) |
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
1. Heard Mr. H Das learned counsel for the appellants and Mr. RC Paul, learned counsel for the respondent No. 1, Insurance Company.
2. This appeal is directed against the judgment & order dated 24.09.2013 in MAC Case No. 73/2007 passed by the learned Member Motor Accident Claim Tribunal, Goalpara awarding the compensation to your appellants Rs. 3,80,000/- (Rupees three lakhs eighty thousand) only with 50% interest.
3. The learned counsel for the appellant submits that the appellants, as claimants, filed a claim petition before the Motor Accident Claims Tribunal, Goalpara claiming compensation of Rs. 6 (six) lakhs only along with her 2 (two) sons and 4 (four) daughters on account of the accidental death of her hu
Compensation can exceed the amount claimed if justified by evidence; the appropriate multiplier for dependents and deductions should adhere to established guidelines.
Compensation for loss of dependency must include future prospects, the appropriate multiplier must reflect the deceased's age, and conventional heads should follow established judicial guidelines.
In motor accident claims, where documentary evidence of income is absent, courts may use minimum wage notifications as a baseline while applying reasonable guesswork to determine actual income. Compe....
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