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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MRIDUL KUMAR KALITA
Reliance General Insurance Co. Ltd. – Appellant
Versus
Aloka Baishnab, W/o- Late Tulu Baishnab – Respondent
JUDGMENT :
Mridul Kumar Kalita, J.
[1] Heard Mr. K.K. Bhatta, the learned counsel appearing for the appellant. Also heard Mr. M. Talukdar, the learned counsel for the respondent Nos. 1 to 4.
[2] This appeal under Section 173 of the Motor Vehicles Act, 1988 has been filed by the Reliance General Insurance Co. Ltd. impugning the judgment and award dated 08.10.2021, passed by the learned Member, Motor Accident Claims Tribunal, Cachar, Silchar in MAC Case No. 122/2019, whereby the appellant was directed to pay a compensation amount of Rs. 29,27,000/- along with an interest of 7% per annum from the date of filing of the claim petition till realization to the claimant's/respondents.
[3] The facts relevant for consideration of the instant appeal, in brief, are that on 23.08.2017, the husband of the respondent No. 1, namely, Tulu Baishnab, was going from Kalain side towards his house by riding a Motorcycle bearing Registration No. AS-11B-7049. When he reached at Khelma Part-VI near Gumrah Bazar on National Highway No. 6, all of a sudden, a truck bearing Registration No. AS- 01BC-1759, which was proceeding from the opposite direction and was being driven in a very rash and negligent manner by
The court upheld the Motor Accident Claims Tribunal's compensation assessment, affirming reliance on vehicle ownership for income determination despite challenges regarding the quantum of compensatio....
Compensation in motor vehicle accident cases must be substantiated by evidence, and established guidelines should be followed for calculating loss of income and damages.
In absence of documentary proof, minimum wage notifications serve as a basis for income assessment in compensation claims.
Compensation in motor vehicle accident cases must be substantiated by evidence, and established legal guidelines should be followed for accurate assessment.
The court emphasized accurate income assessment and correct multiplier application in compensation claims under the Motor Vehicles Act.
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