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IN THE HIGH COURT OF MEGHALAYA AT SHILLONG
JUDGMENT :
W.Diengdoh, J.
1. Assailed in this appeal is the judgment dated 25.04.2024 passed by the learned Member, Motor Accident Claims Tribunal (MACT), Ri- Bhoi District, Nongpoh in MACT Case No. 59 of 2015 by which judgment an award of 13,68,520/- (rupees thirteen lakh sixty-eight thousand five hundred twenty) only along with interest @ 9 percent from the date of filing of the claim petition, that is, 11.03.2014 till payment of the same was awarded in favour of the respondent No. 1/claimant.
2. Mr. S. Jindal, learned counsel for the appellant/New India Assurance Company Ltd. has submitted that the appellant being highly aggrieved and dissatisfied with the impugned judgment and award has approached this Court with a prayer to set aside/modify the same and/or to pass any order or orders as deem fit and proper by this Court.
3. The learned counsel at the outset has led this Court to the background facts of the case to say that it is an admitted fact that on 13.05.2013 at about 4.20 pm a motor vehicle accident had occurred at Byrnihat, Ri-Bhoi District involving a truck No. AS 01 DD 2151, the result being that the minor son of the claimant sustained injuries. Apart from the police regi
The court affirmed that the Insurance Company is liable for compensation despite the absence of a driving license for the driver, emphasizing the need for sufficient evidence to support claims agains....
The main legal point established is the assessment of compensation for permanent disablement and medical treatment under the Motor Vehicles Act, based on medical evidence and relevant legal principle....
The Court held that the Tribunal did not err in awarding compensation of Rs. 20,32,800/- with interest at 9% per annum from the date of the petition, as the amount awarded was reasonable and in line ....
The court upheld the liability of the insurance company for compensation in a motor vehicle accident while addressing contributory negligence and reducing the interest rate on compensation due to pro....
The court ruled that income tax returns are essential for determining compensation, and notional income must reflect actual earnings.
Permanent disability does not automatically equate to loss of earning capacity; proper medical evidence is essential for substantiating claims.
The liability of the owner and insurer in accidents involving motor vehicles, and the entitlement to compensation in the absence of fault or negligence on the part of the driver.
The compensation awarded by the Tribunal was inadequate and needed to be enhanced as the Tribunal failed to consider compensation on some of the conventional heads and committed an illegality in awar....
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