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MEENAKSHI MADAN RAI
Branch Manager, National Insurance Company Ltd. – Appellant
Versus
Krishna Bahadur Kami – Respondent
| Table of Content |
|---|
| 1. compensation ordered by claims tribunal. (Para 1) |
| 2. appellant agrees to pay compensation. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 3. judgment disposed of with orders. (Para 8 , 9) |
JUDGMENT
1. The Learned Motor Accidents Claims Tribunal, South Sikkim at Namchi (for short, “Learned Claims Tribunal”) in MACT Case No.13 of 2018, vide the impugned Judgment dated 30.03.2019, ordered the Appellant-Insurance Company to pay compensation of Rs.6,61,950/- (Rupees six lakhs, sixty one thousand, nine hundred and fifty) only, to the Respondent No.1-Claimant, with interest at the rate of 10% per annum on the said sum, from the date of filing of the Claim Petition i.e. 04.09.2018 till full and final payment. The Appellant, being aggrieved by the order, is before this Court.
2. The matter was part heard by this Court on 09.04.2021 and thereafter on account of the lockdown which ensued, on 02.07.2021. On the latter date, Learned Counsel for the Appellant sought some time to clarify a law point that arose, accordingly the matter was fixed for further hearing today, i.e. 06.07.2021.
3. When the hearing resumed today, Learned Counsel for the Appellant submitted that the Appellant does not seek to pu
The court upheld the agreement of the Appellant to withdraw the appeal and settle the compensation amount without opposition, confirming the claimant's right to receive the awarded sum.
The Court's decision was based on the compromise reached by the parties, highlighting the significance of mutual agreement in settling legal disputes.
Proper assessment of compensation must consider actual expenses incurred, loss of amenities, and pain suffered, ensuring no double counting occurs.
The main legal point established in the judgment is the court's authority to award additional compensation when it deems the compensation awarded by lower courts to be inadequate.
The appeal against the Motor Accident Claims Tribunal's award is not maintainable if the compensation amount is below one lakh rupees.
Interest under Section 171 of the Motor Vehicles Act should be awarded from the date of filing of claim until payment, ensuring fair compensation for claimants delayed by legal processes.
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