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HIGH COURT OF SIKKIM
Bhaskar Raj Pradhan, J
National Insurance Company Limited – Appellant
Versus
Dhanesh Gupta – Respondent
| Table of Content |
|---|
| 1. establishing liability for rash and negligent driving in motor accident claims. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8) |
| 2. calculation of pecuniary damages, specifically regarding functional disability and loss of future earnings. (Para 9 , 10 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 42 , 44) |
| 3. assessment of just compensation under non-pecuniary heads and overall award determination. (Para 11 , 28 , 29 , 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 43 , 45 , 46) |
JUDGMENT
Bhaskar Raj Pradhan, J.
1. The National Insurance Company Limited (the appellants) is aggrieved by the award of Rs.71,20,670/- dated 27.03.2024 granted in favour of the respondent no.1 (the claimant) by the Motor Accident Claims Tribunal (the learned Tribunal).
2. The respondent no.2 is the owner of the vehicle which met with an accident.
3. The learned Tribunal has concluded that the accident occured on 19.04.2016; the driver died on the spot; the claimant sustained injuries and was evacuated to Bahadurganj Hospital after which he underwent medical treatment in Siliguri, West Bengal. The claimant was examined and a disability certificate (exhibit-17
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