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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
National Insurance Company Ltd. – Appellant
Versus
Sabitri Mohanty – Respondent
JUDGMENT :
G. Satapathy, J.
1. M/s. National Insurance Company Ltd., Cuttack (hereinafter referred to as “the insurer”) being the appellant has challenged the impugned judgment dated 18.07.2023 passed by the learned 3rd MACT, Cuttack (hereinafter referred to as “the Tribunal”) in MAC Case No.190 of 2017 in this appeal U/S.173(1) of the Motor Vehicles Act, 1988 (in short, “the Act”).
By the impugned judgment, the learned Tribunal has directed the insurer to pay a sum of Rs.6,00,000/- together with interest @ 7% per annum w.e.f. 28.03.2017 till realization to the claimants, who are the legal representatives of the injured-Naba Kishore Mohanty, who died during the pendency of the proceeding before the learned trial Court and substituted by them.
2. Briefly stated, the present appeal arises out of an accident that took place on 13.04.2016 at about 2 PM, when the injured was proceeding on Khuntuni Ghantikhal road, on the way, one Pulsar Motorcycle bearing Regd. No.OD-05-N-0615 (hereinafter referred to as “the offending Motorcycle”) dashed him from behind by the rider who was riding the Motorcycle in a rash and negligent manner, resulting in injury to the injured with fracture of left limb a
The assessment of compensation in motor accident claims must consider actual medical expenses and ensure just compensation, reflecting the claimant's losses and suffering.
Proper assessment of compensation must consider actual expenses incurred, loss of amenities, and pain suffered, ensuring no double counting occurs.
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....
Court emphasized the necessity to accurately assess compensation by considering actual expenses and fair income potential of the injured claimant.
The main legal point established is the assessment of compensation in road traffic accident cases based on the claimant's injuries, loss of income, and future income, considering the nature of injuri....
Compensation for injuries sustained in a road traffic accident is determined based on the nature of injuries, medical expenses, and evidence presented.
The doctrine of pay and recovery was applied in favor of the claimants, considering the expired Insurance Policy of the offending vehicle and the circumstances of the case.
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.
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