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J. K. MAHESHWARI, RAJESH BINDAL
Hans Raj – Appellant
Versus
Oriental Insurance Company Limited – Respondent
ORDER :
1. Leave granted.
2. Questioning the findings of the High Court to reduce the amount of compensation in a case of disability, modifying the Award of the Motor Accident Claims Tribunal (hereinafter referred to as ‘MACT’ for brevity), the claimant has filed the present appeal.
3. On perusal of the material placed, it is revealed that the claimant, aged 28 years, suffered 63% permanent disabilities proved by the certificate of the medical board (Exhibit 204) having paralysis, difficulty in moving, speaking, writing and doing work by hand etc. The MACT awarded a sum of Rs.15,51,000/- accepting annual earning of Rs.1,00,000/- relying upon the Income Tax returns. Vide impugned order, the High Court reduced the amount, and relied upon the guidelines of the Rajasthan State Legal Services Authority, in particular, clause 3(d) thereof, without having any material to disbelieve the income tax returns, and reduced the compensation to Rs.7,35,000/- only.
4. In the facts, it is revealed that on the date of accident i.e., 23rd March, 2007, while appellant was sitting as pillion rider on a motorcycle, a white colored pickup Van bearing No. RJ07GA0931 driven by driver Chetan Ram dashed them, du
Guidelines from State Legal Services Authorities are not binding in compensation cases where proof of income is available.
Court emphasizes the duty of tribunals to apply fair and equitable principles in determining just compensation for injuries sustained in accidents.
The court restored the Tribunal's compensation award, finding the High Court's reduction of the appellant's income and compensation unjustified.
The assessment of disability in compensation claims must be grounded in credible medical evidence, and any alterations to such assessments require clear justification.
It is a matter of record that Tribunal considered permanent disability of the body as a whole to extent of 90% and assessed compensation under head of loss of future income
The assessment of compensation under the Motor Vehicles Act, 1988, for loss of future earnings due to permanent disability is not solely based on the disability percentage in the certificate and may ....
(1) Injury in accident – Amount of compensation is to be calculated on the basis of last drawn salary of injured/deceased in respect of salaried persons.(2) Compensation – Pension and retirement bene....
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