Back
S. G. CHATTOPADHYAY
Oriental Insurance Company Ltd. – Appellant
Versus
Sudhipa Das @ Sudipa Das – Respondent
| Table of Content |
|---|
| 1. insurance appeal against compensation award. (Para 1 , 4) |
| 2. arguments against the tribunal's findings. (Para 2 , 10) |
| 3. determination of compensation amount. (Para 9 , 19) |
| 4. claims established based on evidence. (Para 11 , 12) |
| 5. final order on appeal and compensation. (Para 20 , 21) |
JUDGMENT
By means of filing this appeal under Section 173(1) of the MOTOR VEHICLES ACT , 1988 the appellant Insurance Company has challenged the award dated 27.01.2021 passed by the Motor Accident Claims Tribunal (Court No.2), West Tripura, Agartala awarding compensation of a sum of Rs. 10,00,000/- (Rupees ten lakhs) with 9% annual interest to Smti Sudipa Das (respondent No.1 herein) for the injury and loss suffered by her in a road traffic accident which occurred on 19.08.2014 at Agartala. Said compensation was awarded by the Tribunal under the following heads:
Sl.No.
Heads
Amount
1.
For cost of treatment
Rs. 5,00,000/-
2.
For transportation Charges
Rs. 1,00,000/-
3.
For pain and suffering
Rs. 2,00,000/-
4.
For mental shock and agony
Rs. 2,00,000/-
Total :
Rs.10,00,000/-
Tribunal also awarded 9% annual interest on the said amount from the date of presentation of claim petition before the Tribun
Compensation in motor vehicle accident claims assessed on preponderance of probability; strict proof and police investigation not necessary for entitlement.
Motor Accident - Compensation Awarded - Challenged - Award of the tribunal with regard to determination of compensation towards loss of income of the claimant cannot be faulted with.
The court established that civil liability in motor accident claims is determined independently of criminal proceedings, emphasizing the need for clear evidence of negligence.
The principle that in motor accident claims, the burden of proof lies on the claimant to establish the case on the preponderance of probabilities, and the Tribunal is not strictly bound by the rules ....
The court upheld the liability of the insurance company for compensation in a motor vehicle accident while addressing contributory negligence and reducing the interest rate on compensation due to pro....
The standard of proof in motor accident claims is based on the preponderance of probability, and the Tribunal's assessment of negligence and compensation was upheld due to lack of contradictory evide....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
