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J. K. MAHESHWARI, SANJAY KAROL
Gauribai – Appellant
Versus
Savitadevi – Respondent
ORDER
1. Leave granted.
2. Arising out of the Order dated 5.5.2011 M.A. No.2576/2011, and the Order dated 29.7.2011 in Review Petition No.274/2011 passed by the High Court of Madhya Pradesh Judicature at Jabalpur enhancing the amount of compensation to the extent of Rs.2,05,000/-, the claimant(s) who suffered 100% functional disability in a case of amputation, has approached this Court for further enhancement.
3. After hearing learned counsel appearing for the parties and keeping in view the fact, as pointed out by them that, on the date of accident i.e. 23.4.2007, the earning of the claimant(s), as accepted by the Motor Accident Claims Tribunal (for short ‘MACT’) at Rs.2,500/- per month, appears to be on a lower side. Even for household work, on the date of accident, the minimum earning of the injured/claimant(s) is to be taken at Rs.4,000/- per month.
4. Accepting the finding of 100% functional disability, as recorded by the High Court, and keeping in view the age of the injured/claimant(s) on the date of accident, if multiplier of ‘17’ is made applicable, future loss of earning comes to Rs.8,16,000/-. As the claimant(s) being 30 years of age however, future prospects to the exten
Court emphasized the need for compensation to reflect permanent disability and loss of earning capacity, enhancing the award to ensure justice.
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 ....
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 is that amputation and disability can be considered as a functional disability, and the loss of limb can be equivalent to the loss of livelihood, influencing the dete....
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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