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T. AMARNATH GOUD
Cholamandalam Ms General Insurance Company Ltd. – Appellant
Versus
Bhudda Kumar Jamatia – Respondent
| Table of Content |
|---|
| 1. accident details and claim for compensation. (Para 1 , 2) |
| 2. opposition's denial of liability. (Para 3 , 4 , 5) |
| 3. findings on negligence and liability. (Para 11 , 12) |
| 4. determination of deceased's age and income details. (Para 13 , 14) |
| 5. compensation calculations addressed. (Para 15 , 17 , 18 , 20) |
| 6. vehicle's compliance with legal requirements. (Para 21 , 22) |
| 7. tribunal's compensation order. (Para 23) |
| 8. appellant's arguments against compensation amounts. (Para 26 , 27) |
| 9. respondent's defense regarding compensation. (Para 28 , 29) |
| 10. court's partial allowance of appeal. (Para 30) |
JUDGMENT
T. Amarnath Goud, J. - This is an appeal under Section 173 of the MOTOR VEHICLES ACT , 1988 read with Section 168 of the Act, by the appellant, Insurance Company, challenging the judgment and award dated 17.06.2019 passed by the Ld. Motor Accident Claims Tribunal, No. 2, Gomati Judicial District, Udaipur, Tripura, on case No. T.S.(MAC) 18 of 2017.
2. For the sake of brevity the parties are referred to as in the cause title of T.S.(MAC) 18 of 2017. The claim petition discloses the fact that on 16.06.2016 at about 8.30 a.m deceased Brajendra Jamatia was going to his house from Rani
Compensation for loss of estate is fixed at Rs. 15,000 under Motor Vehicles Act principles, while care and attention compensation remains valid if justified.
The insurance company was held liable for compensation under the Motor Vehicles Act, with the court reaffirming the validity of the insurance policy and proper compensation assessment methodologies.
The main legal point established in the judgment is the requirement for the insurer to establish a fundamental breach of the policy to avoid liability and the determination of notional income in the ....
The court established that the compensation for death in a motor accident must accurately reflect the deceased's potential future income, utilizing the appropriate multiplier based on age rather than....
Point of Law : Compensation on account of loss of love and affection is not permissible but compensation on account of spousal and parental consortium for children is admissible.
The family pension received by the wife of the deceased in a road traffic accident is not a "pecuniary advantage" and is not liable for deduction while determining the compensation under the provisio....
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