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SANJAY KAROL, PRASHANT KUMAR MISHRA
Jakaria Mondal @ Jakai @ Jikai – Appellant
Versus
National Insurance Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. accident details and treatment (Para 2 , 3 , 5) |
| 2. fir registration (Para 4) |
| 3. claim for compensation (Para 6) |
| 4. tribunal's findings on liability (Para 7 , 8 , 9 , 12 , 13) |
| 5. high court's compensation assessment (Para 10) |
| 6. claimant's challenge to compensation (Para 11) |
| 7. recalculated compensation (Para 14 , 15) |
ORDER :
Leave granted.
2. This appeal is directed against the judgment and order dated 18th August, 2023 in FMAT No.342 of 2017 passed by the High Court at Calcutta, which in turn was preferred against the judgment and order dated 23rd September, 2016 passed in MAC No.311 of 2013 by the Additional District Judge, 1st Court, Krishnagar, Nadia and Motor Accidents Claims Tribunal.
3. The brief facts giving rise to this appeal are that on 6th June, 2013 the offending vehicle bearing No.WB-52P5415 while proceedings towards Debagram, lost control and dashed into the claimant-appellant who was standing at the side of the National Highway-34 with his motorcycle. Upon collision, he was taken to Bethnadahari Hospital, by the bystanders and subsequently to Nadia District Hospital considering the nature of injuries sustained by him and then still further to NRS Medical Co
Injury in motor accident – Quantum of compensation must be adequate and it cannot be meager.
The main legal point established is that the assessment of disability and loss of earning capacity should consider the nature of the claimant's occupation, prevailing wage structures, and medical evi....
The court established that oral evidence is crucial for determining income in compensation claims, emphasizing the need for accurate assessment of disability.
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
Compensation under the Motor Vehicle Act must be just and reasonable, reflecting the claimant's actual loss, including permanent disability and income loss.
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....
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