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T. AMARNATH GOUD
Jyoti Rani Debnath – Appellant
Versus
Bimal Sutradhar – Respondent
JUDGMENT
T. Amarnath Goud, J. - MAC Appeal No. 22 of 2021 has been filed under Section 173 of the MOTOR VEHICLES ACT , 1988 for enhancement of the awarded compensation of Rs. 12,82,552/- (Rupees Twelve Lakhs Eighty Two Thousand Five Hundred Fifty Two only) passed on 26.06.2020 by the learned Member Motor Accident Claims Tribunal No. 2, Gomati Judicial District Udaipur in T.S.(MAC) 48/2018, to the extent of Rs. 16,20,000/- or more and MAC Appl. No. 30 of 2020 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 26.06.2020 passed by the learned Motor Accident Claims Tribunal Gomati Judicial District, Udaipur, in Case No. T.S. (MAC) 48 of 2018.
2. Both these two Motor Accident Claim Appeals have been heard together and disposed of since both the appeals arise out of common judgment.
3. The facts in brief common in both these appeals are that on 17.09.2013, at about 09.00 pm, the deceased Chitta Ranjan Debnath was returning from his shop at Udaipur Market riding his bicycle and when he reached Khilpara on Udaipur road to Kakraban under R.K. Pur P.S. Udaipur, Gomati District, Tripura near Ga
The court held that loss of love and affection must correctly influence compensation calculations, confirming prior case law while addressing negligence in fatal accidents.
Compensation claims must be supported by credible evidence; failure to provide sufficient medical documentation for income loss results in claim dismissal.
The court established that compensation should account for future earnings, deducting personal expenses, and confirmed the insurer's liability based on valid policy during the accident.
Compensation caps set under Section 163(A) of the Motor Vehicles Act limit claims despite evidence of income loss. Courts must adhere to statutory ceilings while ensuring justice to claimants.
The main legal point established in the judgment is the court's authority to award just compensation exceeding the claimed amount under the Motor Vehicles Act, 1988, and the need for a realistic appr....
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