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B. V. L. N. CHAKRAVARTHI
Bodda Lakshmana Rao – Appellant
Versus
Chiranjib Saha – Respondent
JUDGMENT :
B.V.L.N. CHAKRAVARTHI, J.
1. This appeal is preferred by the claimant, challenging the award dated 04.07.2012 passed in M.V.O.P. No. 447/2010 on the file of Motor Accidents Claims Tribunal-cum-Addl. District Judge, Srikakulam, (for short ‘the Tribunal’) wherein the Tribunal partly allowed the petition, awarded compensation of Rs. 3,41,377/- with interest @ 9% p.a. from the date of petition, till the date of deposit, for the injuries sustained by him in a motor vehicle accident.
2. For the sake of convenience, the parties will be referred to as parties in the M.V.O.P.
3. As seen from the record, the petitioner filed the application U/s. 166 of the Motor Vehicles Act, 1988 (for brevity “the Act”) claiming a compensation of Rs. 6,00,000/- on account of the injuries and disability sustained by the petitioner in a motor vehicle accident that occurred on 30.01.2010.
4. The facts would show that on 30.01.2010 at about 11.00 a.m. when the petitioner was coming on his motor cycle bearing No. AP-30B-9023 and at about 01.00 p.m. the 1st respondent being the driver of the lorry bearing No. WB 23B 0832, drove the same in a rash and negligent manner, without observing traffic rules, and da
The main legal point established in the judgment is the assessment of just compensation for personal injuries sustained in a motor vehicle accident, considering medical evidence and applicable legal ....
The main legal point established in the judgment is the assessment of just compensation for personal injuries sustained in a motor accident, considering medical expenses, loss of earnings, loss of am....
The loss of earning capacity of a claimant in a motor vehicle accident should be computed on the basis of loss of functional disability, and not on the basis of permanent disability.
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