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KAUSHAL JAYENDRA THAKER
Somwati – Appellant
Versus
National Insurance Co. Ltd. – Respondent
JUDGMENT :
1. Heard Sri R.K. Porwal, learned counsel for the appellants, Sri P.K. Sinha, learned counsel for respondent-insurance company and perused the judgment and order impugned.
2. This appeal, at the behest of the claimant, challenges the judgment and award dated 14.10.1999 passed by the Motor Accident Claims Tribunal/VIIth Additional District Judge, Etawah (hereinafter referred to as 'Tribunal') in M.A.C.P No.121 of 1997 awarding a sum of Rs.3,29,500/- as compensation with interest at the rate of 12%.
3. The accident is not in dispute. The issue of negligence decided by the Tribunal is also not in dispute. The issue to be decided is the quantum of compensation awarded and oral objection to finding of fact as far as licence is concerned and compensation is concerned.
4. The accident took place on 24.1.1997. The deceased was 56 years of age. Deceased-Man Singh Yadav who was 56 years of age left behind him, his widow, two minor son and two minor daughter which fact is not in dispute. The Tribunal considered his income to be Rs.15,000/-per month, deducted 1/3rd towards personal expenses of the deceased, granted multiplier of 8.
5. In this appeal a very technical issue has arisen befo
The main legal point established in the judgment is the application of Sections 166 and 163A of the Motor Vehicles Act, 1988 in determining the compensation for a fatal accident, and the adjustment o....
The main legal point established in the judgment is the correct application of the relevant sections of the Motor Vehicles Act, 1988, and the appropriate assessment of compensation and interest based....
The main legal point established is the application of the structured formula under Section 163-A of the Motor Vehicles Act, 1988, for compensation in fatal accident cases, and the liability of the i....
The court affirmed that claims under the Motor Vehicles Act must prioritize just compensation and liability based on the substantive nature of the claim rather than strict adherence to procedural sec....
The court clarified that claims under Section 163-A of the Motor Vehicles Act are limited to no-fault liability, while Section 166 allows for claims based on negligence, impacting the compensation aw....
Point of Law : Accident claim - Purpose of keeping compensation is to safeguard the interest of the claimants. As long time has elapsed, the amount be deposited in the Saving Account of claimants in ....
Under Section 163-A of the Motor Vehicles Act, compensation must adhere to a structured formula without requiring proof of negligence, with insurance liability confirmed even if the driver lacks a va....
The main legal point established in the judgment is the recalibration of compensation based on the deceased's income, future loss of income, and non-pecuniary damages, along with the consideration of....
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