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SUDHANSHU DHULIA, K. VINOD CHANDRAN
Suresh Jatav – Appellant
Versus
Sukhendra Singh – Respondent
JUDGMENT :
K. VINOD CHANDRAN, J.
1. Leave granted.
2. The appellant was the claimant before the Tribunal who claimed 100% functional disability on account of the injuries suffered in a motor vehicle accident.
3. On facts, suffice it to notice that the appellant was travelling in an auto rickshaw on 12.08.2002 when a bus, being driven rashly and negligently, collided with the auto and the appellant had to be admitted in a hospital. The appellant was hospitalized for about six days and a surgery had to be conducted on him. An insertion was made to treat the compound fracture suffered on the fibula of his right leg. He also suffered a fracture to the ulna of the right hand which required plastering. The appellant had been regularly visiting the hospital due to his leg having not healed. The appellant claimed that he was a skilled mason and a person working with him was examined to prove that he was earning an income of Rs. 200 per day. The medical treatment undergone by him and the disability was proved by examination of the record clerk of the hospital who produced the necessary records and the doctor who treated the appellant.
4. The Tribunal, however, did not accept the income of Rs. 6,
Injury in motor accident – There should be valid reasoning to go behind opinion of an expert, especially in the matter of assessment of disability.
Future loss of income in personal injury claims must consider both current earnings and potential increases, especially in cases of permanent disability.
Assessment of claimant's income based on minimum wages schedule, calculation of future loss of income, and consideration of additional expenses in determining compensation
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....
The court established that evidence of income can be validated through oral testimonies despite lacking formal documentation, and defined functional disability as critical for compensation in persona....
The main legal point established in the judgment is the assessment of prospective rise in income and functional disability in motor accident claims, emphasizing the need to consider the injured and t....
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
The principle of prospective rise in income should be considered in calculating compensation for future loss of income in motor accident claims.
(1) Injury in motor accident – Medical Board’s certificate can be accepted even without a witness being examined.(2) Income Tax Return can be accepted for computation of income.
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