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SANJAY KAROL, PRASHANT KUMAR MISHRA
Jitendra – Appellant
Versus
Sadiya – 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 |
| 5 years 8½ months | 2 years | 12 months |
Leave granted.
2. This appeal is directed against the judgment and order dated 21st August, 2023 in Misc. Appeal No.1803 of 2021 passed by the High Court of Madhya Pradesh, which in turn was preferred against the judgment and order dated 21st June, 2021 passed in Claim Case No.1200314 of 2016 by the 4th Additional Member, Motor Accident Claims Tribunal, Indore.
3. The brief facts giving rise to this appeal are that on 25th September, 2016 at 8:45 p.m., the Claimant-Appellant, aged 25 years, was extracting soybean from the thresher machine installed in the tractor of Respondent No.1. The driver of the tractor, Respondent No.2, reversed the vehicle in a rash and negligent manner, due to which the Claimant-Appellant’s hand went into the thresher machine and, thus, he suffered serious injuries on his hand, shoulder, head, near the ear and other parts of the body. Subsequently, he was taken to Sanyog Hospital in Indore, and upon treatment, his hand was
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.
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.
The court established that oral evidence is crucial for determining income in compensation claims, emphasizing the need for accurate assessment of disability.
The court ruled that compensation for injuries must reflect the claimant's skill level and applicable minimum wages, leading to a significant enhancement in the awarded amount.
Accurate assessment of income and disability is crucial in determining fair compensation in motor accident claims.
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.
Injury in motor accident – Quantum of compensation must be adequate and it cannot be meager.
The main legal point established in the judgment is the need to assess loss of earning capacity and future medical expenses in cases of permanent disability to ensure just compensation.
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