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RAJNESH OSWAL
United India Insurance Co. Ltd. – Appellant
Versus
Zahoora Rehman – Respondent
JUDGMENT :
1. Through the medium of the present Appeal the appellant-Insurance Company has thrown challenge to the Award dated 26.08.2019 passed by the Motor Accident Claims Tribunal, Srinagar in the Claim Petition titled Zahoora Rehman & Ors. Vs. United India Insurance Co., on the following two grounds only:-
2. (i) The learned Tribunal while determining the compensation has not considered the fact that the legal heirs of the deceased were entitled to full salary for a period of seven years and it was obligatory on the part of the learned Tribunal to consider this fact.
(ii) The grant of interest by the Tribunal @ 7.5% per annum is not in accordance with the law and on account of delay in the trial committed by the respondents.
3. Perusal of the record reveals that the claimants-respondents 1 to 3 herein had filed the petition for grant of compensation on account of the death of Shri Abdul Rehman Ahanger S/o Ghulam Ahmad Ahanger R/o Babapora, Zoonimar, Srinagar, who met with road accident on 29.03.2013 at the age of 46 years. It was pleaded that the deceased was Government employee working as Junior Mechanic in PWD R&B, Right River Circle Road Division, Srinagar, drawing the salary of
The court emphasized the importance of raising objections to compensation before the Tribunal and cited specific legal provisions and precedents to support its decision.
The main legal point established in the judgment is that claimants are entitled to just compensation under the Motor Vehicles Act, and any pecuniary advantage accrued to the deceased should not be de....
Compensation for death in motor vehicle accidents under the Motor Vehicles Act cannot be reduced by pension or insurance benefits, as these are not directly linked to the accident, and the principle ....
The main legal point established in the judgment is the determination of 'just compensation' under the Motor Vehicles Act, 1988, and the clarification that pensionary benefits, family pension, and ot....
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