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SANJAY KAROL, PRASHANT KUMAR MISHRA
Hare Krushna Mahanta – Appellant
Versus
Himadari Sahu – Respondent
ORDER :
| Time taken for disposal of the claim petition by MACT | Time taken for disposal of the appeal by the High Court | Time taken for disposal of the appeal in this Court |
| 3 years | 3 years | 2 years 2 months |
Leave granted.
2. This appeal is directed against the Judgment and Order dated 4th April, 2022 in MACA No.954 of 2019 passed by the High Court of Orissa at Cuttack, which in turn was preferred against the Judgment and Order dated 13th December, 2019 passed in MAC No.77 of 2016 by the 2nd Additional District Judge-cum-3rd Motor Accident Claims Tribunal, Cuttack.
3. The brief facts giving rise to this appeal are that on 6th December, 2016, the Claimant-Appellant, aged 51 years, working as a Primary School Teacher at Kadodihi, was returning from the school on his motorcycle bearing No.OR-14-V-6869 with his colleague, namely, Sabita Mahanta, riding on the extremely left side of the road. The offending vehicle bearing No.OR-19-M-4347, coming from the opposite direction of the road, driving rashly and negligently, dashed into the Claimant-Appellant from the front, thus injuring him seriously. He was taken to Lahunipada CHC for treatment and was, then, shifted to Kal
Injury in motor accident – Objective when granting compensation under Motor Vehicles Act, 1988, is to ensure that just and fair compensation is paid to aggrieved party.
The court established that oral evidence is crucial for determining income in compensation claims, emphasizing the need for accurate assessment of disability.
The court established that the claimant's functional disability should be assessed at 90% due to amputation, and his age fixed at 22 years, applying a multiplier of 18 for compensation calculation.
Injury in motor accident – Quantum of compensation must be adequate and in consonance with minimum wage prevalent in the area where is an unskilled labourer.
Injury in motor accident – Quantum of compensation must be adequate and it cannot be meager.
Negligence established under the Motor Vehicles Act mandates just compensation for injured parties, even exceeding claimed amounts.
The court restored the Tribunal's compensation award, finding the High Court's reduction of the appellant's income and compensation unjustified.
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