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SANJAY KAROL, PRASHANT KUMAR MISHRA
Nur Ahamad Abdulsab Kanavi – Appellant
Versus
Abdul Munaf – 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 | 2 years 6 months | 5 months |
Leave granted.
2. This appeal is directed against the judgment and order dated 30th August, 2023 in MFA No.100308/2021 passed by the High Court of Karnataka, Dharwad Bench, which in turn was preferred against the judgment and order dated 4th December, 2020 passed in MVC No.111/2015 by the Addl. Senior Civil Judge and Addl. MACT, Hangal.
3. The brief facts giving rise to this appeal are that on 24th June, 2014, the driver of the offending goods vehicle bearing No.KA-16/A-6260, while driving rashly and negligently, dashed into the Claimant-Appellant, aged 27 years, who was travelling on his motorcycle bearing No.KA-02/EC-3487 from Kashambi village. Upon collision, the Claimant-Appellant sustained injuries and, as such, was taken to SDM Hospital, Dharwad, where he was treated and remained admitted for two months completely bedridden.
4. The Claimant-Appellant filed an application for compensation under the Motor Vehicle Act, 1988, seeking compensation to
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 – 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 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.
Injuries suffered in motor accident – Quantum of compensation must be just and commensurate with percentage of disability.
Income Tax Returns are essential statutory documents for determining compensation in motor accident claims, overriding previous assessments.
The court established that compensation for loss of dependency must consider the deceased's potential income and appropriate deductions based on the number of dependents, affirming a broader interpre....
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