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SANJIV KHANNA, SANJAY KUMAR
Miss Rushi @ Ruchi Thapa, through her father, Sri Dhan Bahadur Thapa – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent
JUDGMENT
SANJAY KUMAR, J
1. Leave granted.
2. On 13.04.2013, when she was still a child of less than twelve years of age, the appellant was involved in an accident that left her permanently disabled to the extent of 75%. The vehicle in which she was travelling with her father was hit by the Max Pick Up Van bearing Registration No. AS-01CC-3349. In the result, she suffers from severe Hemiparesis in her left upper and lower limbs.
3. MAC Case No. 1431 of 2014 was filed on her behalf by her father, Dhan Bahadur Thapa, before the Motor Accident Claims Tribunal No. 3, Kamrup (Metro), Guwahati (for brevity, ‘the MACT’). M/s. Oriental Insurance Company Limited, with which the offending Max Pick Up Van was stated to have been insured, was arrayed as Opposite Party No. 1 while the owner and driver of the said Van were shown as Opposite Parties No. 2 and 3. By judgment dated 23.02.2018, the MACT held that the vehicle in question was duly insured with M/s. Oriental Insurance Company Limited by its owner, Opposite Party No. 2, and that the driver, Opposite Party No. 3, who possessed a valid Driving License at the relevant time, had caused the accident due to rash and negligent driving.
4. The MACT
Permanent disability suffered in motor accident – Quantum of compensation must be adequate and not deficient.
The court upheld the principle of 'just compensation' under the Motor Vehicles Act, emphasizing the need to account for the claimant's severe permanent disability and future needs in determining comp....
Injury in accident – Loss of marriage prospects would also be required to be awarded where child victim has not only lost his childhood but also his adult life.
The court established that the notional income for a minor in a motor accident claim must reflect just compensation, emphasizing the application of the multiplier system for calculating damages relat....
(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....
The court established that compensation for minors must account for permanent disability and future earnings, advocating calculator methods based on minimum wage laws and appropriate multipliers.
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