SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2014 Supreme(Raj) 1004

NISHA GUPTA
Oriental Insurance Co. Ltd. – Appellant
Versus
Akshya Kumar – Respondent


Advocates:
For the Appellant:R.P. Vijay, Advocate.
For the Respondent:D.K. Garg, Advocate.

JUDGMENT

1. - This Misc. Appeal under Section 173 of the Motor Vehicles Act, 1988 against the judgment /award dated 7.3.2013 passed by Judge, MACT, and Special Judge (Dacoity Affected Area), Dholpur in Claim Petition No. 09/04 whereby the claim petition has been allowed against the appellants, hence the Insurance Company has preferred this appeal on the ground that a very higher and unreasonable compensation has been awarded.

2. The contention of the Insurance Company is that for pain and sufferings twice the compensation has been awarded and inspite of the fact that the deceased was a child of only 8 years, his income has been assessed 36,000/- per year and admittedly he has suffered only 60% disability. The compensation has been awarded by computing the disability as 100%. The accident is of 2003, hence minimum wages prevalent at that time should be the guiding principle and in 2003, the value of rupees was much higher than today which fact has not been considered by the court below, hence the award should be suitably reduced.Per contra, the contention of the respondents is that the appeal is not maintainable as no permission has been sought by the Insurance Company as provided un











Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top