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MANOJ KUMAR GARG
Reliance Gen. Ins. Co. Ltd. – Appellant
Versus
Mewa Kanwar – Respondent
ORDER
1. The present appeal has been preferred by the appellant-Insurance Company against the judgment & award dated 22.12.2014 passed by the Judge, Motor Accident Claims Tribunal, Balotra in M.A.C. Case No. 78/2012 whereby, the learned Judge, MACT Cases has awarded compensation in the sum of Rs. 16,53,800/- to the claimant respondents.
2. Briefly stated, the facts of the case are that a claim petition was filed by the respondents before the Motor Accident Claims Tribunal, Balotra, stating therein that on 09.05.2012, when the deceased Jagdish Singh was going on his Martui Omni Van No. GJ-15-AD-2722 from Balotra towards Sindhri, at that time one Turbo Truck bearing Registration No. HR-61-A-9907 being driven rash and negligently by the driver hit the vehicle of deceased and consequently due to grievous injuries, he died.
3. The Tribunal after framing the issues, evaluating the evidence on record and after hearing the learned counsel for the parties, passed a judgment and award partly allowing claim petition awarded compensation in the sum of Rs.16,53,800/-alongwith interest @ 9% per annum from the date of application till date of realization.
4. Learned counsel for the appellant-Insuranc
The court established that the absence of evidence for contributory negligence justified the Tribunal's compensation award.
: Death in motor accident – Where there is no definite evidence about earning of victim guess work can be infused by courts in order to assess earning of deceased.
Point of law: The Tribunal had awarded interest at the rate of 12% p.a. but the same had been too high a rate in comparison to what is ordinarily envisaged in these matters. The High Court, after mak....
The court upheld the Tribunal's findings on negligence and compensation, affirming that the awarded amount was just and reasonable based on the evidence presented.
The main legal point established in the judgment is the recalibration of compensation based on the deceased's income, future loss of income, and non-pecuniary damages, along with the consideration of....
The main legal point established in the judgment is the application of legal principles in determining the compensation amount in a motor vehicle accident case.
The main legal point established in the judgment is the application of negligence, contributory negligence, and composite negligence principles in motor accident cases, and the need for new strategie....
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