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KAUSHAL JAYENDRA THAKER, SUBHASH CHAND
Ajay Kumari – Appellant
Versus
Regional Manager of National Insurance Co. Ltd. – Respondent
JUDGMENT :
Subhash Chand, J.
1. Heard Sri A.T. Pandey, learned counsel for the appellant, Sri N.K. Srivastava, learned counsel appearing for National Insurance Company Limited and perused the judgment and order impugned.
2. This appeal, at the behest of the claimants, challenges the judgment and award dated 17.01.2020 passed by Motor Accident Claims Tribunal, Court No.4, Aligarh (hereinafter referred to as 'Tribunal') in M.A.C.P. No.318 of 2016 awarding a sum of Rs.3,20,256/-.
3. The claimants are the widow, mother, daughter and son of the deceased. The Tribunal has considered the annual income of the deceased as Rs.65,412/-. The income of the deceased was claimed as Rs.1,30,824/-per year but the Tribunal has decided that the income of the deceased would be Rs.87,216 for six months and Rs.43,608/- for another six months when the sugar mill was closed and hence has held that income would be Rs.65,412/- per year.
4. It is further submitted that the incident is of the year 2015 and at that time the deceased was in the employment of Sugar Mill, therefore, the Tribunal has erred in ass
In case all the joint tort feasors have been impleaded and evidence is sufficient, it is open to the court/tribunal to determine inter se extent of composite negligence of the drivers
Point of law: When two vehicles are involved in an accident, and one of the drivers claims compensation from the other driver alleging negligence, and the other driver denies negligence or claims tha....
Point of Law : Negligence - Negligence means failure to exercise required degree of care and caution expected of a prudent driver. Negligence is the omission to do something which a reasonable man, g....
Point of law: The term negligence means failure to exercise care towards others which a reasonable and prudent person would in a circumstance or taking action which such a reasonable person would not....
The court ruled that deductions from compensation were improper as the deceased had no role in the accident, emphasizing principles of composite negligence and reassessing income for claims.
Family mainly the widow would as per the rules will receive a sum, which will aggregate to upto 2025 Rs. 67,28,256/- for a period of 12 years which will not permit us to disturb the findings as far n....
Point of law: The term negligence means failure to exercise care towards others which a reasonable and prudent person would in a circumstance or taking action which such a reasonable person would not....
Section 140 of M.V. Act is read as liability to pay compensation in certain cases on principle of no fault.
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