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PRADEEP KUMAR SRIVASTAVA
Bibha Sharma, wife of Late Rajesh Kumar Sharma – Appellant
Versus
Hanuman Ram Bishnoi, son of Binja Ram Bishoni – Respondent
JUDGMENT :
PRADEEP KUMAR SRIVASTAVA, J.
Heard learned counsel for the parties.
2. Both aforesaid miscellaneous appeals are arising out of the common award dated 31.10.2017 passed by learned Presiding Officer, Motor Accident Claim Tribunal, Ranchi in Motor Accident Claim case No. 158 of 2014, as such both are taken together for hearing and adjudication.
3. The appellants of Miscellaneous Appeal i.e. M.A. No.52 of 2018 happens to be claimants before the learned Tribunal who have challenged the impugned award for enhancement of compensation amount in view of the facts that 40% of monthly income of the deceased has not been added to the future prospect while computing the compensation amount.
4. Miscellaneous Appeal No.83 of 2018 has been filed by the Future Generali India Insurance Company Limited (Insurer of offending vehicle bearing Registration No.RJ-04GA-4500 especially on the following grounds:
The court established that in motor accident claims, the assessment of compensation must include future prospects and that the insurer remains liable for compensation unless it can be proven that the....
Insurance company is not liable for compensation when driver lacks valid endorsement for hazardous goods transport, reversing Claims Tribunal's decision.
The insurance company is liable for compensation in a motor accident claim when the driver of the offending vehicle is found negligent, and the absence of a valid driving license does not absolve the....
The court affirmed the validity of the driver's license and ruled that the Insurance Company failed to prove negligence, thus holding it liable for compensation.
The main legal point established in the judgment is the determination of liability and compensation in a motor accident case, including the validity of the driver's license, contributory negligence, ....
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....
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