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J. K. MAHESHWARI, RAJESH BINDAL
Chandramani Nanda – Appellant
Versus
Sarat Chandra Swain – Respondent
JUDGMENT :
Rajesh Bindal, J.
1. Leave granted.
2. The claimant, in a motor vehicle accident having suffered injuries, has filed the present appeal seeking enhancement of compensation. He is aggrieved by the order1[Dated 24.08.2022 in MACA No.256 of 2019] passed by the High Court2[High Court of Orissa at Cuttack].
3. The facts as available on record are that on 16.01.2014 four persons occupying Verito Vibe Car bearing Registration No.OD-05-D- 9596 were travelling from Sambalpur, Odisha to Cuttack. At about 01:30 pm, the offending Bus bearing Registration No.OD-14-A-1774 being driven at high speed struck against the said car on NH-55 near CPP Chawk, NALCO, Anugul, Odisha, as a result of which the occupants of the car suffered serious injuries. One of the occupants, Ranjan Rout, succumbed to the injuries on 31.05.2017. A police case bearing P.S. Case No.7/2014 was registered against the driver of the offending bus under Sections 279, 337 and 338 of IPC3[Indian Penal Code]. Three injured occupants of the car and the legal heirs of the deceased, Ranjan Rout filed different claim petitions, which were assigned to the Court of 2nd Additional District Judge-cum-3rd Motor Accident Claims Tribun
Just Compensation – Amount of compensation claimed is not a bar for Tribunal and High Court to award more than what is claimed – Rough calculation made by claimant is not a bar or upper limit.
(1) Grievous injuries suffered in motor accident – Taking notional income is not the correct approach to award compensation – Instead, minimum wages payable to a skilled workman in concerned State ha....
Permanent disability requires compensation reflecting not only past earnings but also future prospects and quality of life, acknowledging the emotional suffering of the claimant.
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
The court affirmed that in cases of permanent disability resulting from motor accidents, claimants are entitled to compensation that includes future loss of income and prospects, ensuring that the aw....
The central legal point established in the judgment is the assessment of compensation for loss of future earnings based on the impact of permanent disability on earning capacity, and the application ....
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