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SUDHANSHU DHULIA, K. VINOD CHANDRAN
M. Seetharama @ Seetharama Gowda – Appellant
Versus
Manager Future General India Insurance Co. Ltd. – Respondent
JUDGMENT
K.VINOD CHANDRAN, J.
1. Leave granted.
2. The appellant was injured in an accident which occurred on 25.06.2015 when the bike he was riding collided with a jeep. The FIR was registered against the jeep driver who was driving on the right side at high speed as also rashly and negligently. The appellant having suffered multiple injuries was taken to a local hospital where he was discharged after first aid and then admitted to a specialist hospital where he spent one and a half months. The appellant produced medical bills and also asserted an income of Rs.12,000/- per month. The appellant was aged 38 years and he suffered Syme’s amputation. The Tribunal awarded a total amount of Rs. 6,60,000/- under various heads which was increased by the High Court to Rs.12,65,000/-.
3. Compensation under different heads as awarded by the High Court: -
| Sr. No. | Heads of Claim | Amount |
| 1. | Loss of income. Rs.9000 x 12 x 15 x 50% | Rs.8,10,000/- |
| 2. | Medical expenses. | Rs.1,90,000/- |
| 3. | Loss of income during laid up period. | Rs. 45,000/- |
| 4. | Loss of amenities. | Rs. 75,000/- |
| 5. | Future medi | |
Injuries suffered in motor accident – Medical bills proved has to be granted in full and There can be incremental increase for every year while awarding compensation.
Compensation for permanent disability in vehicular accidents must reflect accurate income assessment and multiplier application based on established precedents, ensuring just restitution.
Compensation for personal injury must consider functional disability and pain suffered, with total compensation reflecting justness and proportionality based on medical evidence and contributory negl....
Injury in motor accident – There should be valid reasoning to go behind opinion of an expert, especially in the matter of assessment of disability.
Compensation must be adequately assessed considering future income loss, permanent disability, and quality of life impact post-accident, justifying enhancements in the awarded amounts.
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
Calculation of future income and compensation in motor accident claims.
The court upheld that compensation must comprehensively consider suffering, disability, and future earning capacity to ensure just compensation following a motor vehicle accident.
The principle of prospective rise in income should be considered in calculating compensation for future loss of income in motor accident claims.
The assessment of income and compensation in motor accident claims should consider the claimant's earning capacity, future loss of income, and relevant legal principles, such as the prospective rise ....
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