Back
SUBHASH CHAND
Branch Manager, National Insurance Company Ltd. – Appellant
Versus
Jogmaya Devi, wife of late Shankar Saha – Respondent
JUDGMENT :
The instant Misc. Appeal has been directed on behalf of the appellant Insurance Company against the Judgment/Award dated 29.11.2016 passed by the District Judge-I cum M.A.C.T., Pakur in M.A.C.T. Case No. 27 of 2015 aggrieved from the quantum of compensation awarded.
2. The factum of the accident by the offending vehicle, the age of deceased, income of deceased and legal heirs left by him after his death are not disputed. The insurance of the offending vehicle is not disputed. There is no dispute in regard to any breach of terms and conditions of the insurance policy.
3. The dispute between the parties is on the point of quantum of compensation amount awarded by the learned Tribunal.
4. The learned Counsel for the appellant has submitted that the learned Tribunal has awarded the excess amount under the conventional head such as funeral expenses 25,000/-, loss of estate 1,00,000/-, loss of consortium 1,00,000/- and under the heading of love and affection 1,00,000/- which is contrary to the Judgment of the Hon’ble Apex Court rendered in the case of National Insurance Company Limited vrs. Pranay Sethi, reported in (2017) 16 SCC 680. It is also further submitted that the rate of
The court affirmed the Tribunal's compensation award, emphasizing adherence to established principles for calculating just compensation and interest rates.
The main legal point established in the judgment is the correct assessment of compensation under the Motor Vehicles Act, 1988, including income, future loss of income, and interest rate.
The court emphasized that the SSLC marks card is a valid proof of age affecting compensation calculations, ruling against exorbitant interest and ensuring just compensation principles.
The court affirmed that enhancements in compensation must consider notional income, future prospects, and reasonable expenses, modifying the existing award in light of established judicial principles....
The main legal point established in the judgment is the application of legal principles set by the Hon'ble Supreme Court in the case of National Insurance Co. Ltd v. Pranay Sethi & Ors. to determine ....
The court established that compensation must be assessed based on accurate income calculations and relevant legal precedents, ensuring just compensation.
The main legal point established in the judgment is the Court's duty to award just compensation under the Motor Vehicles Act, taking into account recent legal developments and the power of the Court ....
The main legal point established is that the compensation amount, future prospects, conventional head, and interest payable under the Motor Vehicles Act can be enhanced and adjusted based on the evid....
Purpose of keeping compensation is to safeguard interest of claimants.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
