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SURYA KANT, N. KOTISWAR SINGH
Hanumantharaju B. (Dead) by LRs. – Appellant
Versus
M. Akram Pasha – Respondent
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| Table of Content |
|---|
| 1. accident details, medical assessments, and initial compensation facts. (Para 3 , 4 , 5) |
| 2. disability percentage and amount awarded by mact. (Para 8 , 11 , 12) |
| 3. recognized need for future prospects in calculating compensation. (Para 16 , 19 , 20) |
| 4. court's approach towards disability assessment, ensuring accurate measures for compensation. (Para 22 , 23 , 25) |
| 5. final enhancement of compensation and adjusted interest rate. (Para 30 , 31) |
JUDGMENT :
NONGMEIKAPAM KOTISWAR SINGH, J.
1. Leave granted.
2. The present appeals have been preferred against the common judgment and order dated 14.11.2019 passed by the High Court of Karnataka at Bengaluru, in MFA No. 3569/2016 (MV-I) and MFA No. 4867/2016 (MV-I) whereby, the appeals preferred against the judgment and order dated 21.03.2016 passed in MVC No. 5024/2010 by the Motor Accident Claims Tribunal, Bengaluru were partly allowed. The insurance company being Respondent No. 2, which filed the MFA No. 4867/2016 before the High Court of Karnataka, has not challenged the order of the High Court in the aforesaid MFA No. 4867/2016.
3. The facts of the case in brief as can be culled out from the records are that on 10.05.2010, aroun
(1) Injury in accident – Amount of compensation is to be calculated on the basis of last drawn salary of injured/deceased in respect of salaried persons.(2) Compensation – Pension and retirement bene....
Permanently disability suffered in motor accident – Money cannot substitute a life lost but effort has to be made for grant of just compensation so far as money can compensate.
Compensation under motor accident claims must justly restore claimants considering all aspects of loss, including future earnings and non-pecuniary damages.
Motor Vehicles Act only provides for award of interest and not its rate.
Compensation in motor vehicle accidents must fully restore claimants' financial status, considering future medical expenses and loss of earning capacity, as per established legal precedents.
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