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S. N. PATHAK
National Insurance Co. Ltd. – Appellant
Versus
Mridula Pramanik W/o Late Sukra Pramanik – Respondent
JUDGMENT :
S.N. PATHAK, J.
1. Heard the parties.
2. This appeal has been preferred by the appellant against the Award/Judgment dated 05.02.2016, passed by learned District Judge-III-cum-Motor Accident Claims Tribunal, Jamshedpur in Compensation Case No. 142 of 2012.
3. As per the factual matrix, the compensation case was filed by the Claimants before the learned District Judge-III-cum-Motor Vehicles Accident Claims Tribunal, Jamshedpur for payment of compensation on account of death of one Sukra Pramanik, who died in a road accident, which happened due to rash and negligent driving by the driver of the Indigo Car bearing Reg. No. JH-22B-1909(T). It was also pleaded before the learned Court below that at the time of death, the said Sukra Pramanik was earning Rs. 40,000/- per month as salary and he was a government employee. It was further pleaded that the offending vehicle was insured with National Insurance Co. and the motorcycle of the deceased was insured with the ICICI Lombard General Insurance Co. It was also pleaded that at the time of accident the deceased was a government employee and hence, while computing the compensation amount, the future prospects should also be taken into
The main legal point established in the judgment is the determination of liability and quantum of compensation under the Motor Vehicles Act, considering the violation of insurance policy terms and th....
A learner's licence is valid under the Motor Vehicles Act, and the Insurance Company failed to prove breach of policy conditions, leading to a revised compensation amount.
The court emphasized the principle of just compensation under the Motor Vehicles Act, mandating that insurance companies remain liable even if the policy is in the name of a deceased owner, provided ....
The insurance company is not liable for compensation if the driver lacked a valid driving licence at the time of the accident.
The main legal point established in the judgment is the determination of compensation in motor accident claims, considering factors such as negligence, income of the deceased, number of dependents, a....
: : (1) While compensation should not be assessed very conservatively, yet it should also not be assessed in a liberal fashion so as to make it a bounty to claimant.(2) Conception of “just compensati....
The main legal point established in the judgment is the reliance on evidence and legal precedents to determine the occurrence of the accident, assessment of compensation, and principles regarding dep....
The court affirmed the validity of awarding compensation under the Motor Vehicles Act, adjusting income and future prospects, while rejecting insurer's claims of contributory negligence and liability....
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