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S. V. N. BHATTI
R. Logeshkumar – Appellant
Versus
P. Balasubramaniam – Respondent
JUDGMENT :
S.V.N. BHATTI, J.
1. Leave granted.
2. The appeal arises from the order dated 20.06.2022 in CMA (MD) No. 3343 of 2014 on the file of the Madras High Court, filed by the Appellant/Claimant for enhancing the compensation of Rs.3,98,017/- (Rupees three lakh ninety-eight thousand and seventeen) awarded by the Motor Accidents Claims Tribunal, in the Court of III Small Causes, Chennai (“the Tribunal”) to Rs. 15,00,000/- (Rupees fifteen lakh).
3. The Appellant’s case is that on 26.01.2012, he was riding a two-wheeler bearing Registration No. TN 22 AU 0784 from Selaiyur to Medavakkam towards the east. At Kamarajapuram junction, a jeep bearing Registration No. TN 22 BL 7032 came in a rash and negligent manner from the opposite direction without sounding a horn and hit the Appellant’s motorcycle. The incident owned by the first respondent and insured by the second respondent, Insurance Company. The Appellant filed a claim petition, claiming a sum of Rs. 15,00,000 (Rupees fifteen lakh) as compensation in MCOP No. 2672 of 2013 on the file of the Tribunal.
4. The appeal is filed for the enhancement of compensation awarded by the Tribunal and for the award of the claimed compensation. Ther
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 ....
The court ruled that the compensation for personal injuries must adequately reflect the nature of the injuries, with adjustments for future medical expenses and functional disability considered essen....
The court recalibrated compensation due to incorrect disability assessment, setting it at 30%, and provided enhanced total compensation of Rs.22,56,500 with 7.5% interest.
Just Compensation – Amount of compensation claimed is not a bar for Tribunal and High Court to award more than what is claimed – Rough calculation made by claimant is not a bar or upper limit.
The court affirmed that in cases of permanent disability resulting from motor accidents, claimants are entitled to compensation that includes future loss of income and prospects, ensuring that the aw....
Compensation for disability must adequately reflect projected future income loss and incurred medical expenses, emphasizing public welfare in motor vehicle accident claims.
Court emphasized the need for compensation to reflect permanent disability and loss of earning capacity, enhancing the award to ensure justice.
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