Back
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 :
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.
4. In connection with this incident FIR No.412/2013 was registered under Sections 279 and 338 of the Indian Penal Code at Kaliganj Police Station.
6. The claimant-appellant filed an application for compensation under Section 163(A)/166 of the Motor Vehicles Act, 1988 seeking compensation to the tune of Rs.16,00,000/- plus cost and interest, submitting therein that as an embroider at Shabana Hand Embroidery, E-Sector, Mumbai-88 he earned Rs.300/- per day.
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....
Permanent disability percentage does not directly equate to loss of earning capacity; compensation must be assessed based on evidence of actual impact on earnings.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
