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AJAY BHANOT
New India Assurance Co. Ltd. – Appellant
Versus
Sunil Kumar Dwivedi – Respondent
JUDGMENT :
1. Heard Shri Aditya Singh Parihar, learned counsel holding brief of Shri Rahul Sahai, learned counsel for the Insurance Company, Shri Rakesh Kumar Porwal, learned counsel for the owner of the vehicle, Shri Nigamendra Shukla, learned counsel for the driver and Shri Ram Singh, learned counsel for the claimants.
I. INTRODUCTION
2. The three appeals arise out of the same accident and an award made by the learned Motor Accident Claims Tribunal/Additional District Judge, Fatehpur, in M.A.C.P. No. 256 of 2014 (Sunil Kumar Dwivedi and others Vs Rajesh Kumar and others) dated 25.04.2016 granting compensation to the claimants for the death of the deceased in the motor accident by partly allowing their claim. The appeals have been filed by the Insurance Company, claimants and owner of the vehicle respectively and are being decided by a common judgement.
II. Case of the claimants and respondents before the learned tribunal:
3. Briefly the case of the claimants before the learned tribunal was that the deceased died of injuries sustained in an accident which occurred on 23.04.2014
The main legal point established in the judgment is the determination of liability and compensation in a motor accident case, including the validity of the driver's license, contributory negligence, ....
Contributory negligence cannot be assumed solely based on the absence of a driving license; clear evidence of negligence is required to establish liability.
The main legal point established in the judgment is the determination of contributory negligence and the calculation of just compensation under the Motor Vehicles Act, 1988.
The court established that in motor accident claims, the assessment of compensation must include future prospects and that the insurer remains liable for compensation unless it can be proven that the....
The court established that compensation for motor accident victims must be just and equitable, considering loss of dependency and conventional heads, while adhering to established legal principles.
The court emphasized the validity of the driver's license and the reasonableness of the compensation awarded by the Tribunal.
The main legal point established in the judgment is the determination of compensation in motor accident claims, considering factors such as negligence, income of the deceased, number of dependents, a....
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