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D. Y. CHANDRACHUD, B. V. NAGARATHNA
Satya Prakash Dwivedi – Appellant
Versus
Munna alias Chandrabhan Yadav Respondent – Respondent
| Table of Content |
|---|
| 1. compensation awarded post-accident. (Para 2 , 4 , 5 , 6) |
| 2. scope of appellate powers under cpc. (Para 3 , 11 , 12 , 13) |
| 3. arguments concerning functional disability assessment. (Para 9 , 10 , 15 , 16) |
| 4. restoration of initial compensation amount ordered. (Para 14 , 17 , 18) |
| 5. court's final ruling and order. (Para 19 , 20 , 21) |
JUDGMENT :
B.V. Nagarathna, J
1. Leave granted.
2. The appellant was injured in a road traffic accident. He has filed this appeal, being aggrieved by the impugned judgment and award dated 28.01.2021 passed by the Allahabad High Court in First Appeal from Order No.3182 of 2017 by which the High Court dismissed the said appeal filed by the him and reduced the compensation amount from Rs.5,42,633/-to Rs.3,26,833/-on the premise that the Motor Accident Claims Tribunal (for the sake of convenience, the ‘Tribunal’) had arbitrarily construed functional disability at the rate of 50% without any evidence to that effect. The High Court deemed it appropriate to assess 20% functional disability inasmuch as it was nowhere mentioned that the disability was permanent in nature and was irreversible.
3. The short question that arises in this appeal is, whether,
The appellate court must exercise caution under Order XLI Rule 33 of the CPC, particularly when altering compensation without a challenge from the opposing party.
The court reaffirmed the principle of just compensation for road traffic accident victims, allowing for reassessment of damages under Order XLI Rule 33 of CPC even without a cross-appeal.
Filial consortium is the right of the parents to compensation in the case of an accidental death of a child. An accident leading to the death of a child causes great shock and agony to the parents an....
The assessment of disability in compensation claims must be grounded in credible medical evidence, and any alterations to such assessments require clear justification.
Grievous injuries suffered in motor accident – There is no restriction on Tribunal in awarding compensation exceeding claimed amount under Motor Vehicles Act, 1988 – Function of Tribunal is to award ....
Functional disability assessed must reflect actual loss of earning capacity, not simply physical variables; severe cognitive injuries warrant comprehensive reassessment of compensation.
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