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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Ramakrishna Upadhyay – Appellant
Versus
Rajesh Kumar Pandey – Respondent
JUDGMENT :
G. Satapathy, J.
1. Since these two appeals involve common question of facts and law, the same are taken up and heard together and disposed of by this common judgment.
2. The impugned judgment dated 16.09.2023 passed by learned 3rd Motor Accident Claims Tribunal, Cuttack (hereinafter referred to as “the learned tribunal) in MAC Case No.1258 of 2019 is under challenge in both these appeals filed U/S.173(1) of the Motor Vehicles Act, 1988 (in short “the Act”).
2.1 By the impugned judgment, the Insurance Company-M/S. New India Assurance Co. Ltd. (in short the “insurer”) is directed to pay a sum of Rs. 1,14,51,118/- together with simple interest @ 6% per annum w.e.f. 14.10.2019 till its actual realization to the claimants- applicants as compensation for the death of one Suryakant Upadhyay (hereinafter referred to as “the deceased”) in a motor vehicular accident with further stipulation of payment of penal interest @ 12% per annum on the compensation amount so assessed, if the same is not paid within two months from the date of passing of the impugned judgment.
3. These two appeals arise out of one proceeding for compensation before learned tribunal for the death of the deceased i
The court affirmed that compensation for loss of life must adhere to statutory provisions, ensuring that penalties for late payment are not imposed contrary to law.
The court affirmed the use of established income calculation methods for dependency damages, adjusting the compensation award to Rs.16,45,965/- including considerations for future prospects and non-p....
The calculation of compensation in fatal accident claims must consider notional income and apply established multipliers, ensuring just compensation for loss of dependency along with general damages.
The court determined that the insurance company is liable for compensation due to reckless driving by the offending vehicle, and recalibrated the amount based on findings of total disability and nece....
Proper assessment of compensation must consider actual expenses incurred, loss of amenities, and pain suffered, ensuring no double counting occurs.
Compensation under the Motor Vehicles Act must be based on minimum wages in the absence of proof of income, with deductions for personal expenses adjusted according to the number of dependents.
In determining compensation for death in motor accidents, contributions to negligence must be substantiated by clear evidence, with a focus on established income and future prospects of the deceased.
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