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T. AMARNATH GOUD
Oriental Insurance Co. Ltd. – Appellant
Versus
Poli Majumder (Das) – Respondent
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, against the impugned judgment and award dated 18.06.2019, passed by the Motor Accidents Claims Tribunal-02, Gomati Tripura, Udaipur, in Case No. TS(MAC) 112 of 2014.
2. The claim petition discloses the fact that on 01.04.2013 at about 6.30 hours the deceased Rupak Chandra Das along with one Dipayan Majumder was coming from Pitra towards Udaipur boarding the motorbike bearing No. TR-03D-8765 with a moderate speed and on the way reaching near Sitalabari Bar Tilla, Rajnagar, on call by Upa Pradhan, Rajnagar Panchayat, namely Indrajit Das, the motorbike was stopped and kept in stationery mode and the deceased got down from the motorbike and was talking with the aforesaid Indrajit Das by the side of the road and suddenly one Canter Truck bearing No. TR-03C-1785 came from Udaipur side with abnormal high speed in rash and negligent manner and dashed the deceased Rupak Chandra Das and as a result he sustained fatal injuries on his head and other vital parts of his body resulting to his death and soon after the accident he was taken to TSD Hospital and consi
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.
Exoneration of an insurer based on the absence of a driver's license is erroneous; conductors of dumpers do not require such a license under applicable motor vehicle laws.
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.
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.
Court emphasized equitable compensation determination principles, ensuring proper income assessment and mutual benefits for all dependents of deceased, ultimately enhancing the compensation awarded.
The court recalculated compensation for deceased victims based on proper income assessment and future prospects, while affirming the award for the injured party, emphasizing the need for valid drivin....
The court determined contributory negligence of both drivers and the claimant's lack of dependency on the deceased, influencing the compensation awarded.
In absence of definitive proof of income, a notional income can be reasonably fixed by the tribunal, which can be upheld unless deemed arbitrary.
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