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A. S. BOPANNA, HIMA KOHLI
Rajan – Appellant
Versus
Anil Varghese – Respondent
ORDER
1. Leave granted.
2. The appellant is before this Court seeking enhancement of compensation as against the sum of Rs.25,13,995.00 awarded by the High Court through its judgment dtd. 26/2/2018. At the first instance, the Motor Accident Claims Tribunal (for short 'MACT') having taken note of the evidence had awarded the compensation of Rs.21,06,955.00 through its award dtd. 10/12/2013.
3. The fact remains that the appellant had met with an accident on 4/6/2009 and due to the injuries suffered, both his lower limbs had to be amputated. It is in that light, the appellant had sought compensation contending that his disability should be reckoned at 100% per cent since he was employed as a cook at the time of accident and he would not be in a position to undertake the said avocation.
The MACT at the first instance, while considering this aspect of the matter has accepted the disability to be at 100%.
4. However, while awarding the compensation had reckoned the salary at Rs.4,000.00 which was on the lower side. The High Court no doubt, has reckoned the salary at Rs.7,500.00 per month and enhanced the compensation but reduced the disability to 70%.
5. The learned counsel for the appell
The court's decision emphasized the assessment of disability and the calculation of compensation based on the nature of employment, injuries suffered, and functional disability.
Grievous injuries suffered in motor accident – There is no restriction on Tribunal in awarding compensation exceeding claimed amount under Motor Vehicles Act, 1988 – Function of Tribunal is to award ....
The main legal point established in the judgment is the court's discretion to grant a global enhancement of compensation based on the circumstances of the case, even in the absence of specific eviden....
The main legal point established in the judgment is the assessment of the claimant's disability at 100% and the modification of the compensation awarded by the Tribunal.
The court ruled that the compensation for personal injuries must adequately reflect the nature of the injuries, with adjustments for future medical expenses and functional disability considered essen....
Compensation for disability must adequately reflect projected future income loss and incurred medical expenses, emphasizing public welfare in motor vehicle accident claims.
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