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T. MALLIKARJUNA RAO
Komma Nageswara Reddy – Appellant
Versus
Y. Veera Bhadra Reddy – Respondent
JUDGMENT :
1. Dissatisfied with the order and decree dated 16.08.2012 in M.V.O.P. No.290 of 2009 passed by the Chairman, Motor Accidents Claims Tribunal-cum-Principal District Judge, Kadapa (for short "the tribunal"), the claimant in the M.V.O.P. has preferred the appeal seeking enhancement of compensation.
2. The parties herein will be referred to as arrayed in the M.V.O.P. for convenience.
3. The claimant had filed M.V.O.P. under Section 163-A read with II schedule of the Motor Vehicles Act read with Rule 455 of the Motor Vehicle Rules as per Act (Amended) 54 of 1994 seeking compensation an amount of Rs.1,50,000/- for the injuries sustained by him in a motor vehicle accident that occurred on 24.02.2008.
4. The claimant's case is that on 24.02.2008 in the morning, while he was proceeding on his motorcycle from Muddanur side, at about 2.00 PM, when he reached the up-gradient road of Mallela hillock, a lorry bearing No. A.P. 04 U 9299 (for convenience, referred to as 'the offending vehicle'), coming in the opposite direction rashly and negligently and losing control over the steering, dashed against the claimant. As a result, the claimant sustained a fracture to his right leg below the
The judgment affirms that functional disability and future compensation prospects are critical in assessing damages for injury in accident cases, rejecting arbitrary reductions in disability assessme....
The court established that compensation for permanent disability must reflect actual loss, justifying an increase from Rs.1,70,000/- to Rs.7,04,000/-.
The assessment of compensation for permanent disability must consider its impact on earning capacity, not just the percentage of disability.
Injury in accident – Quantum of compensation must be commensurate with degree of disability suffered by victim.
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