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2018 Supreme(SC) 210

DIPAK MISRA, A. M. KHANWILKAR, D. Y. CHANDRACHUD
JAGDISH – Appellant
Versus
MOHAN – Respondent


JUDGMENT

Dr D.Y. CHANDRACHUD, J

1. The appellant was injured in a motor accident. The Tribunal awarded compensation of Rs. 12,81,228/- for the injuries suffered by him. The High Court enhanced the award of compensation by an amount of Rs. 2,19,000/-. Interest of 7.5 per cent per annum has been awarded from the date of the filing of the claim. The appellant seeks an enhancement of compensation.

2. The appellant was 24 years of age when the accident took place on 24 November 2011. The accident occurred at 4pm when the appellant and another person were riding on a motor cycle. The appellant who was riding the motor cycle at a moderate speed indicated to a dumper which was ahead of him to allow him to pass. When the appellant was passing the vehicle, it swerved on the driver’s side and hit the motor cycle of the appellant. The appellant was injured in the course of the accident.

3. The nature of the injuries is evident from the following extract from the judgment of the Motor Accidents Claims Tribunal No. 2, Kota.

“As for the claimant due to the injuries received by the claimant he has suffered 90% permanent disability…

The claimant came to give evidence in the matter…

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