Back
T. AMARNATH GOUD
National Insurance Company Limited – Appellant
Versus
Sabana Khatun – Respondent
JUDGMENT
1. This is an appeal under Section 173 of the MOTOR VEHICLES ACT , 1988, as amended till date, against the Award dated 28.11.18 passed by the Ld. Member, Motor Accident Claims Tribunal, South Tripura, Belonia, in case No.T.S.(MAC) 35 of 2014 whereby the Appellant (O.P No6) National Insurance Co. Ltd has been directed to pay an award amounting to Rs.18,84,400/- (Rupees eighteen lakhs eighty four thousand and four hundred) with 7% interest from 21.03.2014 till payment is made.
2. For the sake of brevity the parties are referred to as in the cause title of T.S.(MAC) 35 of 2014. The case of the petitioner, as revealed from the claim petition, in short, is that on 19.07.2012 in the morning the deceased Saddam Hossein started his journey by TR-03-1719 (Canter Truck) for going to his place of work with other labourers. But when the said vehicle reached at Jharjhari at about 8.30 p.m. the deceased and another labour of the vehicle namely Prabir Choudhury fell down on the road from the said vehicle due to rash and negligent driving by the driver of vehicle No.TR-03-1719 (Canter Truck). Due to the accident the deceased sustained bleeding injury on his head. At that time, another veh
Compensation for death in a vehicular accident is calculated based on projected income and age multiplier; adjustment made when initial claimed income exceeds logical limits.
The court ruled that the insurance company was not liable due to a fabricated policy, and compensation was adjusted based on the deceased's income and dependents.
Compensation under Section 163A of the M.V. Act does not require proof of negligence, and structured compensation formulas must be applied to ensure fair awards to claimants.
The court reinforced the principle that in motor accident claims, the burden of proving negligence lies with the party contesting the claim, and that 'just compensation' must be calculated based on t....
Compensation awarded for death in a motor vehicle accident is justified based on established negligence, despite insufficient documentary proof of earnings, applying minimum wage standards.
The main legal point established in the judgment is the reduction of compensation for the death of the driver to the extent of 25% of the total award due to the driver's contributory negligence.
Claimants cannot pursue simultaneous claims under Sections 163(A) and 166 of the Motor Vehicles Act in the same petition; evidence must substantiate claims when seeking compensation.
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
