MD Sahban v. Shanker Yadav
Case brief
What is this about?
High Court enhanced compensation in a motor accident death claim. Court rejected Tribunal's 50% income deduction and applied full multiplier, increasing award to Rs. 4,92,040/-.
What did the court decide?
Appeal allowed; impugned award modified to direct payment of Rs. 4,92,040/- by insurance company within three months.
What the court decided
1 M.A. 349 of 2019
IN THE HIGH COURT OF JHARKHAND AT RANCHI M.A. No. 349 of 2019
(Against the judgment and award dated 17th May, 2019 passed by learned Motor Vehicle Accident Claims tribunal cum District Judge1st , Chatra, in MACT Case No. 03 of 2013)
Md. Sahban, aged about 38 years, S/o Late Rajak Mian, R/o Village- Ghanghari, P.O. & P.S.- Jori & Bashishtnagar, Dist.Chatra, State- Jharkhand …... Appellant/ Claimant
Versus
- Shanker Yadav, S/o Tilakdhari Yadav, R/o – village- Ghanghari, P.O & P.S.- Jori & Bashisthnagar, Dist.- Chatra, State- Jharkhand
- The Future Generali, India Insurance Company Ltd., 2nd and 6th Floor, Neoti Tower, Near Lalpur Chowk, Hazaribag Road, Ranchi, P.O. & P.S.- Lalpur, Dist.- Ranchi, Jharkhand
….. Respondents /Opposite Parties
For the Appellant : Mr. Vijay Kr. Sharma, Adv. For the Respondents : Mr. Ashutosh Anand, Adv.
P R E S E N T
Issues for consideration
2 issues framed by the court
Whether the compensation awarded by the Motor Accident Claims Tribunal is to be enhanced.
Whether the Tribunal mechanically applied the percentage of permanent disability as the percentage of economic loss.
Parties & counsel
- appellant
Md. Sahban
- respondent
Shanker Yadav
- respondent
Future Generali, India Insurance Company Ltd.
Coram
Case details
As recorded by the court registry
- Court
- Jharkhand HC
- Decided on
- · July
- Registered
- Case no.
- MA/349/2019
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