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T. AMARNATH GOUD
Oriental Insurance Co. Ltd. – Appellant
Versus
Rahimun Nessa – Respondent
JUDGMENT
This appeal has been filed under Section 173 of the MOTOR VEHICLES ACT , 1988, read with Section 168 of the Act ibid, against the impugned judgment and award dated 10.06.2020 passed by the Motor Accidents Claims Tribunal, Unakoti Judicial District Kailashahar, in Case No. T.S.(MAC) No.08 of 2019.
2. The brief facts are that, on 23.12.2015, at about 7.00 hours, the deceased-Tayab Ali proceeded from his residence to Kailashahar town boarding on the offending vehicle (Auto-rickshaw) bearing registration No. TR.02-B-3496. When the said vehicle reached near Kubjar, the said auto rickshaw capsized due to the rash and negligent driving of the driver. As a result of said accident, Tayab Ali sustained severe injuries, and immediately he was shifted to RGM Hospital where he succumbed to his injuries.
3. The Oriental Insurance Company Ltd., which is a Government of India undertaking was impleaded as the insurer of the vehicle bearing registration No.TR-02-B-3496 (Auto Rickshaw) in the claim petition filed by the claimant-respondents under Section 166 of the MOTOR VEHICLES ACT , 1988, in the case No.T.S. (MAC) No. 08 of 2019 claiming compensation of Rs.32,40,000/- for the death of Ta
The court affirmed the principle of determining notional income in compensation claims, emphasizing that it must reflect a just amount for dependents of the deceased.
The court upheld the tribunal's decision that the deceased was not a gratuitous passenger and affirmed the compensation awarded based on established negligence and income assessment.
The main legal point established in the judgment is the determination of compensation under Sec. 166 of the Motor Vehicle Act, 1988, considering factors such as notional income, loss of consortium, a....
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