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A. S. BOPANNA, PAMIDIGHANTAM SRI NARASIMHA
Kalam @ Kalamuddin – Appellant
Versus
Dinesh – Respondent
ORDER
1. Leave granted.
2. The appellant is before this Court assailing the judgment dated 05.10.2018 passed by the High Court of Delhi at New Delhi in MAC. APP. 288/2013.
3. The only issue for consideration in the instant appeal is with regard to the quantum of compensation. The accident, having occurred on 13.08.2009 and the appellant was aged about 35 years at the time of the occurrence of the said accident and was working as a labourer, having suffered injuries leading to the disability, is not in dispute.
4. On other aspects of the matter, the Motor Accidents Claims Tribunal ('MACT' for short) as well as the High Court have adverted to, and the MACT at the first instance, had awarded a compensation of Rs. 6,12,261/- (Rupees Six Lakhs Twelve Thousand Two Hundred and Sixty One Only) with interest at 7.5% per annum through its award dated 07.11.2012. The High Court, having enhanced the compensation on the conventional heads, had arrived at the figure of Rs.7,67,809/- (Rupees Seven Lakhs Sixty Seven Thousand Eight Hundred and Nine Only) and awarded the same with interest at 9% per annum through its judgment dated 05.10.2018.
5. In that circumstance, while looking into all aspects of th
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.
The court emphasized the need to consider the nature of employment, future medical expenses, and attendant charges in determining enhanced compensation for motor accident claims.
The assessment of disability in compensation claims must be grounded in credible medical evidence, and any alterations to such assessments require clear justification.
Same injury suffered by two different persons may affect them in different ways – A person with his right leg amputated cannot perform duty of a gunman.
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 case clarified that compensation for pain, suffering, and loss of amenities must be justly evaluated and should not solely hinge on earning capacity assessments.
The assessment of disability and determination of compensation should consider the multiplier method and relevant Supreme Court judgments.
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