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C. T. RAVIKUMAR, SANJAY KAROL
Dhaneswar Biswal – Appellant
Versus
Divisional Manager – Respondent
ORDER
1. The appellant herein filed a claim petition before the Motor Accident Claims Tribunal, Jagatsinghpur for compensation for the injuries sustained by him in a motor vehicle accident occurred on 18.12.2008. On account of the injuries sustained, he incurred 40% permanent disability. The appellant-claimant was aged 42 years at the time of the accident. After appreciating the evidence on record and finding the appellant entitled to be compensated the Tribunal passed an award in MAC Case No.116/2009 on 14.01.2020 granting a compensation of Rs.8,70,386/-(Rupees Eight Lakhs Seventy Thousand Three Hundred and Eighty-Six only) payable with interest at the rate of 7% per annum from the date of filing of the claim petition viz., from 14.08.2009.
2. Seeking enhancement of compensation, the claimantappellant filed MACA No.251/2021 before the High Court of Orissa. At the same time, challenging the award of compensation the insurance company, which is the first respondent herein, also filed an appeal, being MACA No.692/2020. As per the common judgment dated 01.08.2022, the appeals were disposed of. The High Court modified the award passed by the Tribunal by reducing the quantum of compensati
The court restored the Tribunal's compensation award, finding the High Court's reduction of the appellant's income and compensation unjustified.
The court ruled that actual income based on Income Tax Returns must be considered for compensation calculations, rejecting arbitrary figures set by the Tribunal.
The court emphasized the need for reasonable adjustments in compensation for injuries based on established income standards and disability assessments.
Court emphasizes the duty of tribunals to apply fair and equitable principles in determining just compensation for injuries sustained in accidents.
The judgment establishes that a person’s income and disability must be accurately assessed to determine fair compensation under the Motor Vehicles Act.
The court revised compensation calculations based on established legal principles and case law regarding income, injuries, and disability.
The life-long adverse impact of the appellant's disability on his earning capacity and future income was a central legal principle established in the judgment.
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