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SANJAY KAROL, PRASHANT KUMAR MISHRA
Sanjay Rajpoot – Appellant
Versus
Ram Singh – 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 |
| 1 year 6 months | 2 years 9 months | 6 months |
Leave granted.
2. This appeal is directed against the Judgment and Order dated 14th October, 2022 in First Appeal from Order No.210 of 2020 passed by the High Court of Judicature at Allahabad, which, in turn, was preferred against the Judgment and Order dated 20th November, 2019 passed in M.A.C.P No.188 of 2018 by the Motor Accident Claims Tribunal/Special Judge S.C./S.T. Act, Jhansi.
3. The brief facts giving rise to this appeal are that on 3rd April, 2018, the claimant-appellant, aged 23 years, was going to his home on his motorcycle bearing No.UP-13Y-1838, about 1.30 pm near the bus stand at village Gora Machhia, the offending vehicle bearing No.DL-1PB-9197 coming from the wrong side of the road, driving rashly and negligently, dashed into the claimant- appellant from the front due to which he suffered serious injury, as the driver of the offending vehicle took out the wheel of the bus from the right leg and right hand of the claimant-appel
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.
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 – Objective when granting compensation under Motor Vehicles Act, 1988, is to ensure that just and fair compensation is paid to aggrieved party.
Point of law : As the age of the appellant was 19 years on the date of the accident and as he was self-employed person, the appellant would be entitled to prospective income to the tune of 40%. As th....
The court established that the assessment of compensation must reflect the claimant's actual earning capacity and the impact of permanent disability on future earnings, applying the correct multiplie....
Injury in motor accident – Quantum of compensation must be adequate and it cannot be meager.
It is a matter of record that Tribunal considered permanent disability of the body as a whole to extent of 90% and assessed compensation under head of loss of future income
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