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A. S. BOPANNA, PAMIDIGHANTAM SRI NARASIMHA
C. L. Harikumar – Appellant
Versus
M. Pazhaniswamy – Respondent
ORDER
1. Leave granted.
2. The appellant is before this Court assailing the judgment dated 01.08.2018, passed by the High Court of Kerala at Ernakulam in MACA. No. 631/2012. Through this appeal, the appellant is seeking further enhancement of the compensation.
3. Having heard the learned counsel for the appellant,a perusal of the records indicate that the Motor Accidents Claims Tribunal (for short 'MACT') having considered the evidence on record, had reckoned the income of the appellant at Rs. 2,500/- (Rupees Two Thousand Five Hundred Only) per month and has thereafter, arrived at the compensation of Rs.3,40,900/- (Three Lakhs Forty Thousand Nine Hundred Only) with interest.
4. The High Court, while taking into consideration the grounds urged in the appeal, has enhanced the compensation to Rs. 5,44,300/- (Rupees Five Lakhs Forty Four Thousand Three Hundred Only) by reckoning the income of the petitioner at Rs.4,500/- (Rupees Four Thousand Five Hundred Only) per month.
5. The learned counsel for the appellant while seeking further enhancement, has contended that the appellant was a tractor driver, due to the injuries suffered in the accident his hand was amputated and therefore, the disa
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 determination of enhanced compensation based on the claimant's income, future prospects, disability percentages, and additional amounts for los....
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 court determined enhanced compensation based on appropriate notional income, acknowledging future prospects and deductions for self-expense, resulting in total compensation of Rs.15,69,400.
The court emphasized the importance of considering the deceased's future prospects and other conventional heads in the calculation of compensation under the Motor Vehicles Act, 1988.
The court emphasized that failure to account for permanent disability in compensation calculations constitutes an oversight, warranting enhancement of the total award.
Injury in motor accident – Quantum of compensation must be adequate and in consonance with minimum wage prevalent in the area where is an unskilled labourer.
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 ....
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