Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
SAVITRI RATHO
Sabitri Mallick – Appellant
Versus
Ranjan Kumar Samal – Respondent
| Table of Content |
|---|
| 1. court's efficient hearing methods were adapted. (Para 1 , 2) |
| 2. compensation awarded and procedural background outlined. (Para 3 , 4) |
| 3. circumstances of the accident and parties involved. (Para 5) |
| 4. disputes over liability and insurance claims articulated. (Para 6 , 7) |
| 5. evaluation of compensation parameters including age and multiplier. (Para 9 , 10 , 11) |
| 6. precedents on interest rates for compensation established. (Para 12 , 13 , 14) |
| 7. judgment modification regarding liability and interest clarified. (Para 16 , 17 , 18) |
| 8. administrative details post-judgment concluded. (Para 19 , 20 , 21) |
JUDGMENT :
Savitri Ratho, J.
This matter was taken up through Video Conferencing Mode due to COVID-19 Pandemic.
2. I have heard Mr Soubhagya Sundar Das learned counsel for the appellant- claimant, Mr V Narasingh learned counsel for Respondent No 3 and Mr S.K Mohanty for Respondent No 4. Though notice has been sent to Respondent No. 1 (owner of truck bearing registration number OIU 6163) through registered post with A.D, pursuant to order dated 28.01.2016 and 24.06.2016, as per office note dated 16.07.2016 of the registry no counsel has appeared on his behalf.
3. This appeal by the c
Proper application of multipliers for dependency calculations requires accurate assessments of age, and courts have discretion to alter interest rates based on case circumstances.
The court upheld the liability of the insurance company for compensation in a motor vehicle accident while addressing contributory negligence and reducing the interest rate on compensation due to pro....
The main legal point established in the judgment is the liability of the insurance company in cases of motor vehicle accidents, the determination of contributory negligence, and the entitlement of cl....
The main legal point established in the judgment is that the rate of interest as awarded by the learned Tribunal should be maintained at 9% p.a. and the appellant's contention for exemption of paymen....
The standard of proof in civil motor accident claims is based on preponderance of probabilities, differing from the beyond reasonable doubt standard in criminal proceedings.
The judgment establishes that in motor accident claims, the correct application of multipliers based on the deceased's age and future income prospects is crucial for determining fair compensation, al....
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
